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

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ITA/42/2011HC KarnatakaKAHC01018675201102 February 2021Bench: ALOK ARADHE,R. NATARAJ2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Karnataka, upon hearing the matter, noted that the learned counsel for the assessee had filed a memo seeking leave of the Court to withdraw the appeal. The Court took the aforesaid memo on record. For the reasons assigned in the memo, the appeal was dismissed as withdrawn. The assessee was granted liberty to revive the appeal if occasion so arises. No decision was made on the merits of the case.

What were the facts?

This case involves an appeal filed by the Commissioner of Income-Tax and the Deputy Commissioner of Income-Tax (the Revenue) against an order passed by the Income Tax Appellate Tribunal (ITAT), Bangalore. The appeal pertains to Assessment Year 2004-05 and arises from ITAT's order in ITA No.1356/BANG/2008 dated September 22, 2010. The Revenue sought to set aside the ITAT's order and confirm the orders passed by the Appellate Commissioner and the Assistant Commissioner of Income Tax. The assessee is M/s. Texas Instruments (India) Pvt. Ltd.

What were the issues?

The substantial questions of law to be formulated and decided were related to setting aside the order of the ITAT, Bangalore, and confirming the orders of the lower authorities. The Revenue sought to appeal the ITAT's decision. The judgment does not explicitly record the specific contentions of either the assessee or the revenue regarding the merits of the case. However, the appeal was filed under Section 260-A of the Income Tax Act, 1961, indicating a dispute concerning substantial questions of law arising from the ITAT's order.

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.42 OF 2011 BETWEEN: 1. THE COMMISSIONER OF INCOME-TAX

C.R. BUILDING, QUEENS ROAD

BANGALORE. 2. THE DEPUTY COMMISSIONER OF INCOME-TAX

CIRCLE-12(4), C.R. BUILDING

QUEENS ROAD, 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., 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 22.09.2010 PASSED IN ITA NO.1356/BANG/2008 FOR THE ASSESSMENT YEAR 2004- 05, PRAYING TO: (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN.

2 (ii) ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE ITAT, BANGALORE IN ITA NO.1356/BANG/2008 DATED 22.09.2010 AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-12(4), 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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