Ita/627/2013 Of Commissioner Of Income Tax-Iii v. M/S. Trianz Consulting Pvt Ltd

IN THB HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 28[th]DAY OF APRIL 2014 PRESENT THER HON’BLE MR. JUSTICE DILIP B BHOSALE AND THR HON’BLE MR. JUSTICBK B MANOHAR I.T.A.NO.627/2013 BRITWEBB 1.COMMISSIONER OF INCOME TAX-IIL REVENUE BUILDINGS, QUEENS ROAD BANGALORE.| 2.THR DEPUTY COMMISSIONBROF INCOME TAX, CIRCLE 12(4)OF INCOME TAX, CIRCLE 12(4) BANGALORE. _. APPBLLANTS| (BY SRI E I SANMATHI, ADV.,) AND: M/S.TRIANZ CONSULTING PVT. LTD.,+ FLOOR, KALYAN] MAGNUM,1605/2, DORAISANIPALYA,IIM POST, BANNERGHATTA ROAD,BANGALORE -560 O76. — RBSPONDEBENT (BY SRI.BALARAM R.RAO, ADV.) THIS ITA FILED UNDER SEC.260-A OF INCOMETAX|ACT|1961,ARISING|OUTORORDERDATED:12/07/2013PASSEDIN|ITANO.1528/BANG/2012, FOR THE ASSESSMENT YEAR2O006-07 PRAYING TO DBCIDB THR FORBGOINGQUESTIONOF|LAWAND/OR|SUCH.OTHERQUESTIONS OF LAW AS MAY BE FORMULATED BY)THR HON’BLE COURT AS DBEMED FIT AND SET!ASIDE;COMMON|APPBRLLATEORDERDATEHD12.07.2013 PASSED BY THR INCOME TAX APPELLATE|TRIBUNAL, “‘B’ BENCH, BANGALORE IN APPEALPROCEEDINGS IN ITA NO.1528/BANG/2012 FOR THE:ASSHSSMENT YEAR 2006-07 AS SOUGHT FOR IN THISAPPEAL. THIS ITA COMING ON FOR ADMISSION, THISDAY,DilipB.Bhosale|J.,LDHLIVEREHTH EHOLLOWING: PC: We have heard learned counsel for the parties. Byconsent, the appeal is heard for final disposal at thestage of admission. OoLearnedcounselappearingfor.therespondent, at the outset, invited our attention to the judgment of this Court inTata Elxsi Ltd., [349 ITR 98 (Kar]]and submitted that the substantial questions of law raised in this appeal are squarely covered by thisjudgment and they deserve to be answered in favour ofthe assessee and against the revenue in terms thereof. 3. Having confronted with this, Mr.E.I.Sanmathi,learned counsel appearing for the appellants-revenuesubmitted that the revenue has filed Special LeavePetition1nNthe.pupremeCourtagainsttheaforementioned judgment of this Court and the appealis pending. He, however, fairly states that this appealmay be disposed of in terms of that judgment withdirection to the Assessing Officer to pass consequentialorder only aiter SLP/Appeal is disposed of by theSupreme Court. In other words, he submitted that theAssessing Officer may be directed to pass consequentialorder in the light of the order of the Supreme Court that.will be passed in the abovementioned SLP/Appeal. 4. Learned counsel for the respondent, has noobjection for making such observations and for disposalof this appeal. o. In the circumstances, we dispose of this appealin terms of the judgment of this Court in)Tata EIxsiLtd.,answering all the substantial questions of law infavour of the assessee and against the revenue, withdirection to the Assessing Officer to pass consequentialorder under Section 260-1A of the Income Tax Act,1961, only in the light of the judgment of the SupremeCourt in the aforementioned SLP/Appeal that will bepassed in due course. No costs. sd/- JUDGE. Sd/- JUDGE. Srl.