ACER INDIA PVT LTD vs. ASSISTANT COMMISSIONER OF INCOME TAX

ITA/171/2021HC KarnatakaKAHC01007241202114 September 2021Bench: S.SUJATHA,RAVI V HOSMANI2 pages

AI SummaryAllowed

What did the High Court hold?

The High Court held that the substantial questions of law raised in the appeal are squarely covered by the ruling of the Hon'ble Apex Court in the case of Engineering Analysis Centre of Excellence Private Limited vs. The Commissioner of Income Tax and another. Since the revenue's counsel could not dispute this position, the substantial questions of law were answered in favour of the assessee and against the revenue. The appeal was disposed of accordingly. The specific substantial questions of law were not detailed in the judgment, but their resolution was based on the cited Supreme Court precedent. No issue was expressly left undecided.

What were the facts?

The assessee, Acer India Pvt. Ltd., filed an appeal under Section 260A of the Income-Tax Act, 1961, before the High Court of Karnataka. The appeal challenges an order dated February 18, 2020, passed by the Income Tax Appellate Tribunal (ITAT), Bangalore Bench, in IT(TP)A No. 458/Bang/2016. The assessment year in question is 2011-2012. The revenue is represented by the Assistant Commissioner of Income-Tax. The appeal was listed for admission.

What were the issues?

1. Whether the substantial questions of law raised in the appeal are covered by the ruling of the Hon'ble Apex Court in the case of Engineering Analysis Centre of Excellence Private Limited vs. The Commissioner of Income Tax and another reported in (2021) 432 ITR 471 (SC)? Assessee's contention: The substantial questions of law are squarely covered by the Supreme Court's decision in Engineering Analysis Centre of Excellence Private Limited vs. The Commissioner of Income Tax and another. Revenue's contention: The learned counsel for the respondent-revenue could not dispute the assessee's submission regarding the applicability of the Supreme Court's ruling.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF SEPTEMBER, 2021 PRESENT THE HON’BLE MRS. JUSTICE S. SUJATHA AND THE HON’BLE MR. JUSTICE RAVI V. HOSMANI I.T.A. NO. OF 171/2021 BETWEEN: ACER INDIA PVT. LTD. NO 13, 6TH FLOOR, EMBASSY HEIGHTS, MAGRATH ROAD, NEXT TO HOSMAT HOSPITAL, BENGALURU - 560 025

…APPELLANT (BY SRI. NEERAJ JAIN, A/W SRI. ANIKETH DEEPAK AGARWAL, SMT. SONALI SHENDGE, ADVOCATES) AND: ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1 (1) (1), BMTC BUILDING, 80 FEET ROAD, KORAMANGALA, BENGALURU - 560 095

… RESPONDENT (BY SRI. K.V. ARAVIND, ADVOCATE)

THIS APPEAL IS FILED UNDER SECTION 260A OF THE INCOME-TAX ACT, 1961, ARISING OUT OF ORDER DATED 18.02.2020 PASSED IN IT(TP)A NO.458/BANG/2016 (ANNEXURE-A) FOR THE ASSESSMENT YEAR 2011-2012 AND ETC., THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, S.SUJATHA J., DELIVERED THE FOLLOWING:

2 JUDGMENT Learned counsel for the appellant - assessee submits that the substantial questions of law raised herein are squarely covered by the ruling of the Hon’ble Apex Court in the case of Engineering Analysis Centre of Excellence Private Limited vs. The Commissioner of Income Tax and another reported in (2021) 432 ITR 471 (SC). 2. Learned counsel for the respondents – revenue could not dispute the same.

In view of the aforesaid, the substantial questions of law are answered in favour of the assessee and against the revenue.

The appeal stands disposed of accordingly.

Sd/- JUDGE Sd/- JUDGE BVK

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