THE COMMISSIONER OF INCOME TAX vs. M/S TEXAS INSTRUMENTS ( INDIA ) PVT., LTD.,

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ITA/30/2011HC KarnatakaKAHC01015570201102 February 2021Bench: ALOK ARADHE,R. NATARAJ2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court noted that the learned counsel for the assessee had filed a memo seeking leave of the Court to withdraw the appeal. For the reasons assigned in the memo, the Court dismissed the appeal as withdrawn. The Court granted liberty to the assessee to revive the appeal if occasion so arises. No decision on the merits of the substantial questions of law was made.

What were the facts?

The appeal was filed by the Commissioner of Income-Tax and the Assistant Commissioner of Income-Tax (Revenue) against an order dated September 9, 2010, passed by the Income-Tax Appellate Tribunal (ITAT), Bangalore in ITA No. 381/Bang/2010 for the Assessment Year 2003-04. The ITAT's order had confirmed the order of the Appellate Commissioner, which in turn had upheld the order passed by the Assistant Commissioner of Income Tax. The assessee is M/s. Texas Instruments (India) Pvt. Ltd. The Revenue sought to set aside the ITAT's order and confirm the order of the Assistant Commissioner.

What were the issues?

1. Whether the substantial questions of law, as stated in the appeal, warrant formulation and decision by this Court. The Revenue's contentions were not explicitly detailed in the provided text, but the prayer indicates a challenge to the ITAT's order which confirmed the Appellate Commissioner's decision, implying disagreement with the findings that led to the relief granted to the assessee. The Revenue sought to set aside the ITAT's order and confirm the order of the Assistant Commissioner. The assessee's argument was not recorded, other than their counsel filing a memo seeking to withdraw the appeal.

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 2ND DAY OF FEBRUARY 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY I.T.A. NO.30 OF 2011 BETWEEN: 1. THE COMMISSIONER OF INCOME-TAX

LTU, JSS TOWERS

BSK III STAGE, BANGALORE. 2. THE ASST. COMMISSIONER OF INCOME-TAX

CIRCLE-12(3), C.R. BUILDING

QUEENS ROAD, BANGALORE. .... APPELLANTS (BY MR. K.V. ARAVIND, ADV.,) AND: M/S. TEXAS INSTRUMENTS (INDIA) PVT., LTD., BAGAMANE TECHNOLOGIES PARK C.V. RAMAN NAGAR BANGALORE-560093. ... RESPONDENT (BY MS. MAHIMA GOUD, ADV., FOR MR. T. SURYANARAYANA, ADV.,) - - - THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 09.09.2010 PASSED IN ITA NO.381/BANG/2010 FOR THE ASSESSMENT YEAR 2003-04, PRAYING TO: (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AS STATED THEREIN.

2 (ii) ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE ITAT, BANGALORE IN ITA NO.381/BANG/2010 DATED 09-09-2010 CONFIRMING THE ORDER OF THE APPELLATE COMMISSINONER AND CONFIRM THE ORDER PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-12(3), BANGALORE IN THE INTEREST OF JUSTICE AND EQUITY. THIS I.T.A. COMING ON FOR ORDERS, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Mr.Dilip Kumar, learned counsel for Mr.K.V.Aravind, learned counsel for the revenue. Smt.Mahima Goud, learned counsel for the assessee. Learned counsel for the assessee has filed a memo seeking leave of this Court to withdraw the appeal. The aforesaid memo is taken on record. 2. For the reasons assigned in the memo, the appeal is dismissed as withdrawn with liberty to the assessee to revive the same if occasion so arises. Sd/- JUDGE Sd/- JUDGE RV

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