COMMISSIONER OF INCOME TAX / DEPUTY COMMISSIONER OF INCOME CIRCLE-12(2) BANGALORE v. M/S.QUEST INFORMATICS PVT LTD
[Citation -2015-LL-0929-64]

Citation 2015-LL-0929-64
Appellant Name COMMISSIONER OF INCOME TAX / DEPUTY COMMISSIONER OF INCOME CIRCLE-12(2) BANGALORE
Respondent Name M/S.QUEST INFORMATICS PVT LTD.
Court HIGH COURT OF KARNATAKA
Relevant Act Income-tax
Date of Order 29/09/2015
Assessment Year 2010-11
Judgment View Judgment
Keyword Tags substantial question of law • stpi unit • new undertaking • splitting up existing unit • reconstruction of exisiting business • question of law
Bot Summary: Learned counsel for the appellants has submitted that the question involved in this appeal is 3 covered by the decision of this Court rendered in I.T.A.189/2014, Commissioner of Income Tax III Vs. M/s.Quest Informatics Pvt. Ltd., decided on 5.1.2015 wherein, the question has been answered in favour of assessee and against the revenue. In such view of the matter, we are of the opinion that no substantial question of law arises for determination by this Court. Sri E.I.Sanmathi, learned counsel for the appellants states that challenging the said order in the case of M/s.Quest Informatics Pvt. Ltd.,, revenue has filed an appeal before the Apex Court, which is pending. In the event, Apex Court reverses the judgment, then the Assessing Authority shall pass consequential orders in terms of Section 260(1A) of the 4 Income Tax Act, 1961 and inconformity with the outcome of the appeal before Supreme Court. With the aforesaid observations, this appeal stands dismissed.


1 IN HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS 29TH DAY OF SEPTEMBER 2015 PRESENT HON'BLE MR. JUSTICE VINEET SARAN AND HON'BLE MR. JUSTICE B.MANOHAR I.T.A.NO.132 OF 2015 BETWEEN: 1. COMMISSIONER OF INCOME TAX C R BUILDINGS, QUEENS ROAD BANGALORE 560 001 2. DEPUTY COMMISSIONER OF INCOME CIRCLE-12(2) BANGALORE ... APPELLANTS (BY:SRI E I SANMATHI, ADVOCATE) AND: M/S.QUEST INFORMATICS PVT LTD., NO.960, II MAIN ROAD IV BLOCK, RAJAJINAGAR BANGALORE 560010 ... RESPONDENT THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 17/10/2014 PASSED IN ITA NO.1723/BANG/2013, FOR ASSESSMENT YEAR 2010-11 PRAYING TO (1) DECIDE 2 FOREGOING QUESTION OF LAW AND / OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY HON'BLE COURT AS DEEMED FIT AND (2) SET ASIDE APPELLATE ORDER DATED: 17/10/2014 PASSED BY ITAT, 'A' BENCH, BANGALORE, IN APPEAL PROCEEDINGS NO. ITA NO. 1723/BANG/2013 FOR ASSESSMENT YEAR 2010-11, AS SOUGHT FOR IN THIS APPEAL AND TO GRANT SUCH OTHER RELIEF AS DEEMED FIT, IN INTEREST OF JUSTICE. THIS I.T.A. COMING ON FOR ORDERS THIS DAY, VINEET SARAN. J DELIVERED FOLLOWING: JUDGMENT This appeal has been filed raising following substantial question of law:- (1) Whether, on facts and in circumstances of case, Tribunal was justified in law in holding that STPI unit established by assessee for which 10A deduction is claimed, was not formed by splitting up or reconstruction or transfer of used assets of existing unit, and consequently without appreciating fact that as per Section 10A assessee is not eligible for 10A deduction if STPI unit is not new undertaking but formed by splitting up of existing unit and reconstruction of business already in existence? 2. Learned counsel for appellants has submitted that question involved in this appeal is 3 covered by decision of this Court rendered in I.T.A.189/2014, Commissioner of Income Tax III Vs. M/s.Quest Informatics Pvt. Ltd., decided on 5.1.2015 wherein, question has been answered in favour of assessee and against revenue. 3. In such view of matter, we are of opinion that no substantial question of law arises for determination by this Court. 4. Sri E.I.Sanmathi, learned counsel for appellants states that challenging said order in case of M/s.Quest Informatics Pvt. Ltd., (supra), revenue has filed appeal before Apex Court, which is pending. 5. As such, in event, Apex Court reverses judgment, then Assessing Authority shall pass consequential orders in terms of Section 260(1A) of 4 Income Tax Act, 1961 and inconformity with outcome of appeal before Supreme Court. With aforesaid observations, this appeal stands dismissed. Sd/- JUDGE Sd/- JUDGE VGR COMMISSIONER OF INCOME TAX / DEPUTY COMMISSIONER OF INCOME CIRCLE-12(2) BANGALORE v. M/S.QUEST INFORMATICS PVT LTD
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