Ita/72/2012 Of The Commissioner Of Income Tax v. M/S. Bioplus Life Sciences Pvt., Ltd

IN THE HIGH COURT OF KARNATAKA, BANGALORE DATED THIS THER 1 DAY OF SEPTEMBER, 2012 PRESENT THR HON BLE MR. JUSTICE K.SREEDHAR RAO ANT THR HON'BLE MR. JUSTICK B.MANOHAR 1T.A. No.72 OF 2012 BETWEEN:; 1.The Commissioner of Income Tax, C.R. Building, Queens Road,Bangalore. 2.The Deputy Commissioner of Income tax,Circle-11(2),C.R. Building, Queens Road,Bangalore. (By Sri K.V. Aravind, Advocate) Appellants AND:m M/s. Bioplus Life Sciences Pvt. Ltd.,site No.10/1A, Krishnarajapuram Hobli,Hoodi Village, Bangalore-560048. (By Sri 8S. Parthasarathi, Advocate Respondent This I.T.A. is filed U/s.260-A of I.T. Act, 1961 arisingOUTotorderdated04.11.2011passed"$L.T.A.No.1436/Bang/2010 for the Assessment Year 2006-2007, praying that this Hon’ble Court may be pleased to (i) formulate the substantial questions of law stated thereinand (11) allow the appeal and set-aside the order of the ITAT,Bangalore in ITA No.1436/Bang/2010 dated 04.11.2011 andconfirm the order of the Appellate Commissioner confirmingthe order passed by the Deputy Commissioner of IncomeTax, Circle-11(2), Bangalore, in the interest of justice andequity. This appeal is coming on for hearing this day,SREEDHAR RAO, J.,delivered the following: JU DBGMENT This Court in ITA No.70/2009 and other batch ofcases decided on 30.08.2011, has answered the questions oflaw against the Revenue. In this case also, the similarquestions of law would arise. The Revenue has filed SLP before the Supreme Court.Therefore, subject to the result of SLP filed by the revenue,this appeal is also disposed of. The Assessing Officer canpass assessment orders in accordance with the decisionrendered by the Supreme Court with consequential effect. od/-JUDGE NM* od/-JUDGE