JUDGMENT :

Anil R. Dave, J.

Leave granted in all the Special Leave Petitions.

2. These are several appeals which involve the same issue as in Civil Appeal No.7427 of 2012 and therefore, all the appeals have been heard together at the request of the learned counsel appearing for both the sides but for the purpose of deciding all these appeals, I have considered facts of C.A.No.7427 of 2012, which are as under :

3. Being aggrieved by the judgment delivered in ITA 471 of 2008 dated 11th July, 2011 by the High Court of Karnataka at Bangalore, this appeal has been filed by the Assistant Commissioner of Income Tax, Bangalore. The appellant has been referred to hereinafter as 'the Revenue', whereas the respondent M/s. Micro Labs Ltd. has been referred to as 'the Assessee'.

4. The Assessee was aggrieved by the Order dated 11th January, 2008 passed in ITA No.367/Bang/07 by the Income Tax Appellate Tribunal, Bangalore Bench and had, therefore, approached the High Court of Karnataka at Bangalore. The High Court allowed the appeal and therefore, the Revenue has filed this appeal.

5. The question which had to be considered by the Tribunal as well as by the High Court was whether, while considering th