Ita/79/2017 Of The Pr Commissioner Of Income Tax v. M/S Cyber Park Development

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5 DAY OF OCTOBER 2020| PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND| THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD ILT.A. NO.79 OF 2017 BETWEEN: 1.THE PR. COMMISSIONER OF INCOME-TAX. 5 FLOOR, BMTC BUILDING. 80 FEET ROAD, KORMANGALA BENGALURU-560095. 2 |THE DEPUTY COMMISSIONER OF INCOME-TAX| CIRCLE-2(1)(1), 2 FLOOR| BMTC BUILDING, 80 FEET ROAD KORMANGALA, BENGALURU-560095. ... APPELLANTS (BY SRI K.V. ARAVIND., ADV.,) AND: M/S. CYBER PARK DEVELOPMENT& CONSTRUCTION PVT. LTD.,PLOT NO./6 & //, 5 FLOORELECTRONICS CITY, PHASE-IHOSUR MAIN ROADBENGALURU-560100 PAN: AACCC LL1L3H. ... RESPONDENT (BY SRI. T. SURYANARAYANA, ADV.) THIS ITA IS FILED UNDER SECTION 260-A OF I.T. ACT,196L ARISING OUT OF ORDER DATED 29.0/7.2016 PASSED IN ITA NO.1277/BANG/2015 FOR THE ASSESSMENT YEAR 2006-07,|PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO:(1) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW.STATED ABOVE. (II) ALLOW THE APPEAL AND SET ASIDE THE ORDERS)PASSED BY THE ITAT, BENGALURU IN ITA NO.1277/BANG/2015|DATED 29.0/7.2016 AND CONFIRM THE ORDER OF THE APPELLATECOMMISSIONER CONFIRMING THE ORDER PASSED BY THE|DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),|BENGALURU. THIS ITA COMING ON FOR FINAL HEARING, THIS DAY,ALOK ARADHE J.,DELIVERED THE FOLLOWING: JUDGMENT This appeal under Section 260A of the Income Tax| Act, 1961 (hereinafter referred to as the Act for short) Nas been preferred by the revenue. Tne subject matter of the appeal pertains to the Assessment year 2006-07. The appeal was admitted by a bench of this Court videorder dated 25.10.2017 on the following substantialquestion of law: Whether, on the facts and in_ thecircumstances of the case, that the Tribunalwas right in annulling the order passed by theassessing authority under section 145(3) readwith section 265 of the Act by holding that asthe order passed under section 263 dated 28.12.2010 has been set aside by it videorderdated28.17.7011In|TTA|No.226/Bang/2011, the assessment ordernow passed in pursuance to the CIT’s orderUnder section 263 of the Act does not survive’even when the said order has not reachedfinality as the appeal filed by the Revenue in.ITA No.115/2012 Is pending before this.Hon'ble High Court. 2 |This court by a detailed order passed in ITANo.115/2012 has upheld the validity of the order passedby the Tribunal, by which the order passed by theCommissioner of Income Tax under Section 263 of theAct has been quashed. Therefore, the substantialquestions of law involved in this appeal are renderedacademic and therefore, it is not necessary for us toanswer the same. //� �5�9-2�72/439!�9-2�011203�./�6./1:/26�:;�� ����������� �����������