THE PR. COMMISSIONER OF INCOME-TAX vs. M/S AKAMAI TECHNOLOGIES INDIA PVT. LTD.,

ITA/465/2016HC KarnatakaKAHC01043522201605 January 2018Bench: L.NARAYANA SWAMY (AG.CJ),P.S.DINESH KUMAR2 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court granted the learned counsel for the appellants (the Revenue) leave to withdraw the appeal. Consequently, the appeal was disposed of as withdrawn. No decision was made on the merits of the case or the substantial questions of law that the Revenue sought to formulate. The operative direction was solely to record the withdrawal of the appeal. Any specific findings or reasoning by the ITAT that led to the Revenue's appeal are not discussed or evaluated in this High Court judgment, as the appeal was not pressed.

What were the facts?

This case involves an appeal filed by the Principal Commissioner of Income-tax and the Deputy Commissioner of Income-tax (the Revenue) against an order passed by the Income Tax Appellate Tribunal (ITAT), Bengaluru. The appeal pertains to the assessment year 2005-2006 and challenges the ITAT's order dated March 16, 2016, in C.O.No.174/Bang/2015. The assessee is M/s. Akamai Technologies India Pvt. Ltd. The appeal was filed under Section 260-A of the Income Tax Act, 1961, seeking to formulate substantial questions of law and set aside the ITAT's order. The High Court of Karnataka at Bengaluru heard the matter.

What were the issues?

The primary issue before the High Court was whether to formulate substantial questions of law and set aside the order of the ITAT. The Revenue, as the appellant, sought to challenge the ITAT's decision. The judgment does not record specific arguments made by either the assessee or the revenue regarding the merits of the case. However, the appeal itself was filed by the Revenue, indicating they were dissatisfied with the ITAT's order and wished to pursue legal recourse. The specific grounds for appeal or the contentions of the Revenue are not detailed in the provided text, nor are any arguments from the assessee recorded.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

ITA No.465/2016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5TH DAY OF JANUARY 2018

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.465/2016

BETWEEN :

THE PR. COMMISSIONER OF INCOME-TAX

CIT (A), 5TH FLOOR, BMTC BUILDING

80 FEET ROAD, KORMANGALA

BENGALURU – 560 095

THE DEPUTY COMMISSIONER OF INCOME-TAX

CIRCLE-11(1), PRESENT ADDRESS

CIRCLE-1(1)(1), 7TH FLOOR

BMTC BUILDING

80 FEET ROAD, KORMANGALA BENGALURU – 560 095

...APPELLANTS

(BY SRI DILIP AND SRI K.V.ARAVIND, ADVOCATES)

AND :

M/S. AKAMAI TECHNOLOGIES INDIA PVT. LTD. SALARPURIA SOFTWARE 80/1, ‘A’ WING, 2ND & 3RD FLOOR BELLANDHUR OUTER RING ROAD BENGALURU – 560 037

...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 16.03.2016 IN C.O.NO.174/BANG/2015 FOR THE

ITA No.465/2016

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ASSESSMENT YEAR 2005-2006 PASSED BY THE ITAT, BENGALURU.

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 seeks leave to withdraw the appeal. Leave granted. The appeal is accordingly disposed of as withdrawn.

Appeal disposed of.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE