TMI Blog2021 (12) TMI 518X X X X Extracts X X X X X X X X Extracts X X X X ..... d [ 2020 (12) TMI 687 - KARNATAKA HIGH COURT ] which in turn was disposed of in terms of the judgment passed [ 2020 (12) TMI 678 - KARNATAKA HIGH COURT] issues covered by decisions of this Court in M/s. WIPRO Ltd. [ 2015 (10) TMI 826 - KARNATAKA HIGH COURT] and Commissioner of Income Tax Another v. TATA Elxsi Ltd.,[ 2016 (3) TMI 460 - KARNATAKA HIGH COURT] are pending adjudication at the instance of the revenue before the Supreme Court. In view of the aforesaid submission needless to state that the Assessing Officer shall decide the issues in accordance with the decision which may be rendered by the Supreme Court. As held no interference is called for with the order passed by the tribunal. The Supreme Court in Radhasoami Satsang [ 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2) TMI 678 - KARNATAKA HIGH COURT] stating all the remaining issues covered by decisions of this Court in WIPRO Ltd. [ 2015 (10) TMI 826 - KARNATAKA HIGH COURT] and Commissioner of Income Tax Another v. TATA Elxsi Ltd.,[ 2016 (3) TMI 460 - KARNATAKA HIGH COURT] are pending adjudication at the instance of the revenue before the Supreme Court. In view of the aforesaid submission needless to state that the Assessing Officer shall decide the issues in accordance with the decision which may be rendered by the Supreme Court. - Special Leave to Appeal (C) No.11582/2021 SLP(C) No.7244/2021 (IV-A) - - - Dated:- 26-11-2021 - HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE S. RAVINDRA BHAT For the Petitioner : Mr. Balbi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of depreciation [Section 40(a)], without appreciating that ratio of judgment in Munjal Sales Corp. vs. CIT Ors., (2008) 168 Taxman 43 (SC) is applicable? v. Whether High Court has erred in holding that expenses of corporate office are to be allocated on ad hoc percentage of 20% and not based on turnover of various undertakings/business for the purpose of deductions U/s. 10A, 80-IB and 80-IC of the Act? vi. Whether High Court has erred in holding that profits of the software development facilities located outside India are to be included in eligible income for the purpose of computing deduction U/s. 10A of the Act? vii. Whether High Court has erred in holding that incomes received from interest, dividend insurance claim, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmission needless to state that the Assessing Officer shall decide the issues in accordance with the decision which may be rendered by the Supreme Court. 15. For yet another reason, at this stage, no interference is called for with the order passed by the tribunal. The Supreme Court in Radhasoami Satsang v. Commissioner of Income Tax, (1992) 60 Taxman 248 (SC) has held that even though principles of res judicata do not apply to income tax proceedings, but where a fundamental aspect permeating through the different Assessment Years has been found as the fact one way or the other and the parties have allowed the position to be sustained by not challenge the order, it would not be at all appropriate to allow the position to be changed i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt turnover for the purpose of computation of deduction U/s. 10A of the Act? The instant Special Leave Petition challenges the order dated 09.12.2020 passed by the High Court of Karnataka at Bengaluru disposing of ITA No.403 of 2012. The matter was disposed of in terms of the judgment passed by the High Court in ITA No.464 of 2017, with following observations: 2. Learned counsel for the revenue submits that all the remaining issues covered by decisions of this Court in M/s. WIPRO Ltd. v. DCIT, 383 ITR 179 (Kar) and Commissioner of Income Tax Another v. TATA Elxsi Ltd., 382 ITR 654 (Kar) are pending adjudication at the instance of the revenue before the Supreme Court. In view of the aforesaid submission needless to state that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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