INFINEON TECHNOLOGIES INDIA PRIVATE LTD vs. ASST. COMMISSIONER OF INCOME TAX

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ITA/228/2016HC KarnatakaKAHC01050043201625 October 2018Bench: ABHAY SHREENIWAS OKA (CJ),S.G.PANDIT2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court noted the submission made by the learned counsel for the appellant (assessee) that the substantial questions of law proposed in the matter stand answered against the petitioner. Following the decision in Commissioner of Income-tax, International Taxation Vs. Samsung Electronics Co. Ltd., reported in [2011] 16 taxmann.com 141 (Kar.), the High Court dismissed the appeal. The judgment does not elaborate on the specific substantial questions of law or the reasoning of the ITAT's order.

What were the facts?

The assessee, Infineon Technologies India Private Ltd., filed an appeal under Section 260-A of the Income Tax Act, 1961, before the High Court of Karnataka. The appeal arose from an order dated November 6, 2015, passed by the Income Tax Appellate Tribunal (ITAT) in IT(TP)A No.1670/Bang/2012. The assessment year in question was 2008-2009. The appeal challenged the findings of the ITAT to the extent they were against the assessee. The High Court was considering the admission of this appeal.

What were the issues?

1. Whether the substantial questions of law formulated in the appeal should be answered in favour of the appellant (assessee)? Assessee's Contention: The assessee, through its counsel, frankly submitted that the substantial questions of law proposed in the appeal stand answered against the petitioner. The judgment does not record any specific arguments made by the revenue.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

I.T.A.No.228/2016

- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25TH DAY OF OCTOBER, 2018

PRESENT

HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE AND HON’BLE MR.JUSTICE S.G.PANDIT

I.T.A. No.228 OF 2016 BETWEEN:

INFINEON TECHNOLOGIES INDIA PRIVATE. LTD., 3RD FLOOR, BLOCK 1, KALYANI PLATINA SURVEY NO. 6 & 24, KUNDALAHALLI VILLAGE K. R. PURAM HOBLI BANGALORE – 560 066.

... APPELLANT

(BY SRI. ANKUR PAI, ADVOCATE FOR SRI. K. R. VASUDEVAN, ADVOCATE )

AND:

ASST. COMMISSIONER OF INCOME TAX CIRCLE 11(4), BANGALORE.

… RESPONDENT

THIS ITA IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED :06/11/2015 PASSED IN IT(TP)A NO.1670/BANG/2012, ANNEXURE-E FOR THE ASSESSMENT YEAR 2008-2009 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT. TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE HON'BLE TRIBUNAL IN IT(TP)A NO.1670/BANG/2012 DATED: 06/11/2015 ANNEXURE-E.

THIS ITA COMING ON FOR ADMISSION, THIS DAY CHIEF JUSTICE DELIVERED THE FOLLOWING:

I.T.A.No.228/2016

- 2 -

JUDGMENT Learned counsel for the appellant frankly submits that the substantial questions of law as proposed in this matter stands answered against the petitioner. Taking note of the submissions so made and following the decision in Commissioner of Income-tax, International Taxation Vs. Samsung Electronics Co. Ltd., : [2011] 16 taxmann.com 141 (Kar.), this appeal stands dismissed.

Sd/- CHIEF JUSTICE

Sd/- JUDGE

NG* CT: SK

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