IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 07TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ INCOME TAX APPEAL NO.519 OF 2007 BETWEEN:
1. THE COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE C. R. BUILDING QUENS ROAD BENGALURU.
2. THE ASSISTANT COMMISSIONER OF INCOME-TAX CIRCLE-12(3) BENGALURU.
(BY SRI K. V. ARAVIND, ADVOCATE) AND:
M/S. TATA COFFEE LIMITED POLLIBETTA KODAGU-571 215.
...APPELLANTS ... RESPONDENT THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 15.12.2006 PASSED IN INCOME TAX APPEAL NO.3466/BANG/2004, FOR THE ASSESSMENT YEAR 2001-2002, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE; ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU IN INCOME TAX APPEAL NO.3466/BANG/2004 DATED 15.12.2006 AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-12(3),BENGALURU AND TO PASS SUCH OTHER SUITABLE ORDERS AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
***** THIS INCOME TAX APPEAL COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT The learned Counsel for the appellants submit that the substantial question of law that arises for consideration in this appeal is covered by the judgment of the Hon’ble Supreme Court in the case of AJANTA PHARMA LTD., Vs. COMMISSIONER OF INCOME TAX reported in (2010) 234 CTR (SC) 139, wherein it is held against the revenue. Hence, he pleads that the appeal be dismissed.
2. The submission of the learned counsel for the appellants is placed on record.
The appeal is accordingly disposed off.
Sd/- Sd/-
JUDGE JUDGE *bgn/-