THE DIRECTOR OF INCOME TAX vs. M/S SUEZ TRACTEBEL S A

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ITA/150/2014HC KarnatakaKAHC01010696201408 February 2021Bench: ALOK ARADHE,R. NATARAJ2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court noted the submission by the learned counsel for the assessee that the matter has been amicably settled under the 'Vivad se Vishwas' Scheme and Form No.3 has been issued in favour of the assessee. Taking this statement on record, the High Court disposed of the appeal preferred by the revenue. The appeal was disposed of with liberty granted to the revenue to revive the same if occasion so arises. No decision was made on the merits of the substantial questions of law that were to be formulated.

What were the facts?

This is an appeal filed by the Revenue against an order dated 04.10.2013 passed by the Income Tax Appellate Tribunal (ITAT) in IT(TP)A No.653/BANG/2009 for the Assessment Year 2002-03. The appeal was filed under Section 260-A of the Income Tax Act, 1961. The assessee is M/s Suez Tractebel S.A. The High Court of Karnataka at Bengaluru heard the appeal. The learned counsel for the assessee informed the court that the matter has been amicably settled under the 'Vivad se Vishwas' Scheme and Form No.3 has been issued in favour of the assessee.

What were the issues?

The substantial questions of law to be formulated and decided by the High Court, arising from the ITAT's order dated 04.10.2013 in IT(TP)A No.653/BANG/2009 for AY 2002-03. The Revenue sought to allow the appeal and set aside the ITAT's order. The judgment does not record specific arguments made by either the assessee or the revenue regarding the substantive issues of the appeal, other than the settlement under the Vivad se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF FEBRUARY 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY I.T.A. NO.150 OF 2014 BETWEEN: 1. THE DIRECTOR OF INCOME TAX

INTERNATIONA TAXATION

RASHTROTHANA BHAVAN

NRUPATHUGNA ROAD, BANGALORE. 2. THE DY.DIRECTOR OF INCOME TAX

(INTERNATIONAL TAXATION)

CIRCLE-II(I), RASHTROTHANA BHAVAN

NRUPATHUNGA ROAD

BANGALORE .... APPELLANTS (BY MR. K.V ARAVIND, ADVOCATE) AND: M/S SUEZ TRACTEBEL S A C/O BSR & CO., 11-12/1 INNER RING ROAD KORAMANGALA BANGALORE-560 071. ... RESPONDENT (BY MR. PRASHANTH KUMAR D., FOR ADVOCATE) - - - THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 04.10.2013 PASSED IN IT(TP)A NO.653/BANG/2009 FOR THE ASSESSMENT YEAR 2002-03, PRAYING TO:

2 (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. (ii) ALLOW THE APPEAL AND SET ASIDE THE ORDER OF THE INCOME TAX APPELLATE TRIBUNAL DATED: 04.10.2013 BEARING IN IT(TP)A NO.653/BANG/2009 FOR THE ASSESMENT YEAR 2002-03. THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Mr.K.V.Aravind, learned counsel for the revenue. Mr.Prashanth Kumar D., learned counsel for the assessee. Learned counsel for the assessee submits that the matter has been amicably settled under 'Vivad se Vishwas' Scheme and Form No.3 has been issued in favour of the assessee. The aforesaid statement is taken on record. 2. In view of the aforesaid statement, the appeal preferred by the revenue is disposed of with liberty to revive the same if occasion so arises. Sd/- JUDGE Sd/- JUDGE RV

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