IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 22ND DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT ITA NO. 440 OF 2018 BETWEEN:
1. PRINCIPAL COMMISSIONER OF INCOME TAX-(7) BMTC COMPLEX, KORAMANGALA, BANGALORE 2. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(4) BENGALURU.
... APPELLANTS (BY SMT. SANMATHI E.I., ADVOCATE) AND:
M/S VASCULAR CONCEPTS LIMITED NO.19, S.V.COMPLEX, BELLARY ROAD, HEBBAL, BANGALORE-560024.
... RESPONDENT (BY SRI. K.R.PRADEEP & SMT. GIRIJA G.P., ADVOCATE FOR RESPONDENT (ABSENT) ) THIS APPEAL IS UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED: 29.01.2018 PASSED IN ITA NO. 1921/BANG/2016, FOR THE ASSESSMENT YEAR: 2007-2008, VIDE ANNEXURE-A, PRAYING THIS HON'BLE COURT TO:
(A) DECIDE THE FOREGOING QUESTION OF LAW AND/OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY THE HON'BLE COURT AS DEEMED FIT.
(B) SET ASIDE THE APPELLATE ORDER DATED: 29.01.2018 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, 'A' BENCH, BANGALORE, IN APPEAL PROCEEDINGS IN ITA NO. 1921/BANG/2016 FOR ASSESSMENT YEAR: 2007-2008, VIDE ANNEXURE-A, AS SOUGHT FOR IN THIS APPEAL; AND TO GRANT SUCH OTHER RELIEF AS DEEMED FIT, IN THE INTEREST OF JUSTICE.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT This appeal arises out of the order passed by the Tribunal dated.29.01.2018. Learned counsel appearing for the appellants contends that the question of law that arises for consideration in this appeal is one of the questions of law that arises for consideration in ITA No.358 of 2018 and other connected appeals. Vide order dated 08.01.2019 the appeals were allowed. The order of the Tribunal was set aside and the matters were remanded to the Tribunal for fresh consideration, in accordance with law. The said order may be followed in this case also.
2. The respondents’ counsel is absent.
3. On hearing the learned counsel for the appellants and considering the material, we are of the view that this appeal is covered by the order passed by this Court dated 08.01.2019. In view of the same, the instant appeal is allowed. The order passed by the Tribunal dated 29.01.2018 in ITA No.1925/Bang/2016 is set aside and the matter is remanded to the Tribunal to consider the same afresh in terms of the order dated 08.01.2019 in ITA No.358 of 2018 and other connected appeals. Accordingly, the appeal is disposed off.
Sd/- Sd/-
JUDGE JUDGE mpk/-