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Karnataka High Court

Pr. Commissioner Of Income Tax-6 vs M/S Syngene International Limited on 2 December, 2020

Bench: Alok Aradhe, H T Narendra Prasad

                            1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 2ND DAY OF DECEMBER 2020

                        PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                           AND

     THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD

                  I.T.A. NO.269 OF 2016
BETWEEN:

1.     PR. COMMISSIONER OF INCOME TAX-6
       BMTC COMPLEX
       KORAMANGALA
       BANGALORE.

2.    THE DEPUTY COMMISSIONER OF INCOME-TAX
      CIRCLE-12(3)
      BANGALORE.
                                          ... APPELLANTS
(BY SRI.E.R.INDRAKUMAR SR. ADV. A/W
    SRI.E.I.SANMATHI ADV.,)

AND:

M/S SYNGENE INTERNATIONAL LIMITED
20TH K.M.HEBBAGODI
HOSUR ROAD
BENGALURU - 29.
                                          ... RESPONDENT
(BY SRI.PERCY PARDIWALLA SR. ADV. FOR
    SRI.T.SURYANARAYANA ADV. AND
    SMT.TANMAYI RAJKUMAR, ADV.)
                           ---
      THIS ITA IS FILED UNDER SECTION 260-A OF I.T. ACT,
1961 ARISING OUT OF ORDER DATED 23.11.2015 PASSED IN ITA
NO.870/BANG/2014 FOR THE ASSESSMENT YEAR 2008-09,
PRAYING TO (A) DECIDE THE FOREGOING QUESTION OF LAW AND
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OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED
BY THE HON'BLE COURT AS DEEMED FIT AND SET ASIDE THE
APPELLATE ORDER DATED 23.11.2015 PASSED BY THE ITAT, 'B'
BENCH,   BENGALURU     IN  APPEAL   PROCEEDINGS  NO.ITA
NO.870/BANG/2014 FOR ASSESSMENT YEAR 2008-09 AS SOUGHT
FOR IN THIS APPEAL AND TO GRANT SUCH OTHER RELIEF AS
DEEMED FIT IN THE INTEREST OF JUSTICE.

     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) has been preferred by the revenue. The subject matter of the appeal pertains to the Assessment year 2008-09. The appeal was admitted by a bench of this Court vide order dated 10.10.2017 on the following substantial question of law:

(i) Whether the tribunal is correct in law in setting aside the disallowance of claim under Section 10B even when the assessee has not satisfied the requirements of said provision to claim deduction under Section 10B as the assessee was not involved in manufacturing activity and was formed by splitting up of existing company?

2. For the reasons assigned by us in the judgment passed today in I.T.A.No.184/2016, the substantial questions of law framed by a bench of this court are answered against the revenue and in favour of the assessee. In the result, we do not find any merit in this appeal, the same fails and is hereby dismissed.

Sd/-

JUDGE Sd/-

JUDGE ss