IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR INCOME TAX APPEAL NO.70/2016 BETWEEN :
1. PR.COMMISSIONER OF INCOME TAX-5 C.R.BUILDING, QUEENS ROAD BANGALORE – 560 001 2. THE INCOME TAX OFFICER, WARD-11(2) BANGALORE ...APPELLANTS (BY SRI E.I.SANMATHI, ADVOCATE) AND :
M/S IGEFI SOFTWARE INDIA P.LTD. (FORMERLY FINCH SOFTWARE INDIA P.LTD) #SAFINA TOWERS-2 NO.3, 3RD, 4TH & 5TH FLOORS ALI ASKAR ROAD VASANTH NAGAR NEAR HIGH GROUNDS BANGALORE – 560 052 ...RESPONDENT (BY SRI BALARAM R.RAO, ADVOCATE) THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AND TO SET ASIDE THE ORDER DATED 30.07.2015 PASSED BY THE ITAT, ‘C’ BENCH, BENGALURU IN ITA NO.IT(TP)A NO.1127/BANG/2014 FOR THE ASSESSMENT YEAR 2009-2010.
THIS INCOME TAX APPEAL COMING ON FOR ADMISSION, THIS DAY, THE ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT Ag.CJ (Oral):
Learned Counsel appearing for the appellants fairly submits that the first, second, third and fourth substantial questions of law formulated in the appeal memorandum do not arise for consideration and the fifth substantial question of law is answered against the appellants by this Court in CIT v. Tata Elxsi Ltd. [(2012) 349 ITR 98 (Karn)]. The appeal is accordingly dismissed.
Appeal dismissed.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE KSR