THE PR. COMMISSIONER OF vs. M/S MICROCHIP TECHNOLOGY (INDIA) PVT.LTD

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ITA/240/2017HC KarnatakaKAHC01031802201705 December 2017Bench: L.NARAYANA SWAMY (AG.CJ),P.S.DINESH KUMAR2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court of Karnataka dismissed the appeal filed by the Revenue. The Acting Chief Justice noted that the learned counsel for the appellants (Revenue) fairly conceded that the question raised in the present appeal had already been decided against the Revenue by this Court in the case of CIT v. Tata Elxsi Ltd. [(2012) 349 ITR 98 (Karn)]. Therefore, following its own precedent, the Court found no merit in entertaining the appeal and proceeded to dismiss it. No specific issue was left undecided; the appeal was disposed of based on the concession and prior ruling.

What were the facts?

The appeal is filed by the Revenue against the order dated 31.10.2016 passed by the Income Tax Appellate Tribunal (ITAT), Bengaluru, in IT(TP)A No.40/Bang/2012. The assessment year in question is 2005-2006. The assessee is M/s Microchip Technology (India) Pvt. Ltd. The appeal challenges the decision of the ITAT which was in favour of the assessee. The Revenue is seeking to formulate substantial questions of law and set aside the ITAT's order. The procedural history involves the ITAT's order being passed, and this appeal being filed before the High Court of Karnataka.

What were the issues?

1. Whether the substantial questions of law, as sought to be formulated by the appellants (Revenue), arise for consideration in this appeal, and if so, what are they? Assessee's Contention: The judgment does not record any specific contentions made by the assessee. The assessee is the respondent in this appeal before the High Court. Revenue's Contention: The Revenue, as the appellant, seeks to formulate substantial questions of law to challenge the order of the ITAT. The learned counsel for the appellants fairly submits that the question raised in this appeal has been answered against the appellants by this Court in a previous decision.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

ITA No.240/2017

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5TH DAY OF DECEMBER 2017

PRESENT

THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE

AND

THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR INCOME TAX APPEAL NO.240/2017

BETWEEN :

1.

THE PR. COMMISSIONER OF

INCOME TAX-7

BMTC COMPLEX

KORAMANGALA, BANGALORE

2.

THE ASSISTANT

COMMISSIONER OF INCOME TAX

CIRCLE-12(1), BANGALORE

...APPELLANTS

(BY SRI E.I.SANMATHI, ADVOCATE)

AND :

M/S MICROCHIP TECHNOLOGY (INDIA) PVT. LTD. NO.149-B, 1ST PHASE, INDL. AREA WHITE FIELD, BANGALORE

...RESPONDENT

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AND TO SET ASIDE THE ORDER DATED 31.10.2016 PASSED BY THE ITAT ‘B’ BENCH, BENGALURU IN IT(TP)A NO.40/BANG/2012

FOR THE ASSESSMENT YEAR 2005-2006

ITA No.240/2017

-2-

THIS INCOME TAX APPEAL COMING ON FOR ADMISSION, THIS DAY, THE ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:

JUDGMENT Ag.CJ (Oral):

Learned counsel for the appellants fairly submits that the question raised in this appeal is answered against the appellants by this Court in CIT v. Tata Elxsi Ltd. [(2012) 349 ITR 98 (Karn)]. The appeal is accordingly dismissed.

Appeal dismissed.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

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