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

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ITA/35/2012HC KarnatakaKAHC01028887201202 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. The memo was taken on record. For the reasons assigned in the memo, the appeal was dismissed as withdrawn. The Court granted liberty to the assessee to revive the appeal if occasion so arises. No decision was made on the substantive questions of law or the merits of the case, as the appeal was withdrawn by the assessee.

What were the facts?

The appeal was filed by the Commissioner of Income-Tax and the Deputy Commissioner of Income-Tax (the Revenue) against an order dated September 29, 2011, passed by the Income-Tax Appellate Tribunal (ITAT), Bangalore. The ITAT's order was in ITA No. 1358/Bang/2010 for the Assessment Year 2005-06. The Revenue's appeal to the High Court was filed under Section 260-A of the Income Tax Act, 1961. The Revenue sought to set aside the ITAT's order, which had confirmed the order of the Appellate Commissioner and the order passed by the Deputy Commissioner of Income Tax.

What were the issues?

1. Whether the substantial questions of law stated in the appeal need to be formulated by the Court. The Revenue contended that the appeal should be allowed and the order of the ITAT, which confirmed the orders of the lower authorities, should be set aside. The Revenue sought to confirm the order passed by the Deputy Commissioner of Income Tax. The judgment does not record specific arguments from the Revenue regarding the substantive issues of the case, other than the prayer to set aside the ITAT's order. The assessee (M/s. Texas Instruments (India) Pvt. Ltd.) did not present arguments on the merits of the case.

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.35 OF 2012 BETWEEN: 1. THE COMMISSIONER OF INCOME-TAX

LTU, JSS TOWERS, BASK III STAGE

BANGALORE. 2. THE DY. COMMISSIONER OF INCOME-TAX

LTU, JSS TOWERS, BSK III STAGE

BANGALORE. .... APPELLANTS (BY MR. K.V. ARAVIND, ADV.,) AND: M/S. TEXAS INSTRUMENTS (INDIA) PVT. LTD., 66/3, BAGMANE TECH PARK BYRASANDRA, C.V. RAMAN NAGAR POST BANGALORE-560093. ... RESPONDENT (BY MS. MAHIMA GOUD, ADV.,) - - - THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 29.09.2011 PASSED IN ITA NO.1358/BANG/2010 FOR THE ASSESSMENT YEAR 2005- 06, PRAYING TO: (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN. (ii) ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 29.09.2011 PASSED BY THE ITAT, BANGALORE IN

2 ITANO.1358/BANG/2010 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, LTU, 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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