MSOURCE (INDIA) PRIVATE LIMITED vs. THE COMMISSIONER OF INCOME TAX-III

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ITA/48/2015HC KarnatakaKAHC01016116201526 July 2018Bench: S.SUJATHA,VINEET KOTHARI2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Karnataka, upon recording the memo filed by the appellant-assessee seeking permission to withdraw the appeal, and noting that the learned counsel for the Revenue had no objection, dismissed the appeal as withdrawn. No substantial questions of law were formulated or decided on merits. The operative direction was to dismiss the appeal. No issue was expressly left undecided as the appeal was withdrawn.

What were the facts?

The assessee, MsourcE (India) Private Limited, filed an appeal under Section 260-A of the Income Tax Act, 1961, before the High Court of Karnataka. The appeal was against an order dated 12.09.2014, passed by the Income Tax Appellate Tribunal (ITAT) in ITA No.819/Bang/2013. This order pertained to the Assessment Year 2006-07. The assessee sought to set aside the ITAT's order. The appeal was filed by the assessee represented by its Vice President and Head-Group Taxation, and the respondent was the Commissioner of Income-tax-III. The High Court was hearing the appeal for admission.

What were the issues?

1. Whether the High Court should formulate substantial questions of law to decide the appeal filed under Section 260-A of the Income Tax Act, 1961, arising out of the ITAT's order dated 12.09.2014 in ITA No.819/Bang/2013 for AY 2006-07. Assessee's contention: The assessee, through its learned counsel, filed a memo dated 26.07.2018 seeking permission to withdraw the appeal. Revenue's contention: The learned counsel for the Revenue stated that they had no objection to the withdrawal of the appeal.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

1/2 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2018 PRESENT THE HON’BLE Dr.JUSTICE VINEET KOTHARI AND

THE HON’BLE MRS.JUSTICE S.SUJATHA ITA No.48/2015 Between:

MsourcE (India) Private Limited Bagmane World Technology Centre Block B, 1st Floor, K.R.Puram-Marathahalli ORR, Doddanekundi,bBengaluru-560 048 Represented herein by its Vice President and Head-Group Taxation Mr.Arijit Ganguly.

.. Appellant

( By Sri.T.Suryanarayana, Sri Tanmayee Rajkumar and Sri Sandeep Huilgol, Advocates)

And:

The Commissioner of Income-tax-III I Floor, C.R.Building, Queens Road, Bengaluru-560 001.

.. Respondent

(By Sri.S.P.Bhat and Sri C.Basavaiah, Advocates )

This ITA is filed under Section 260-A of Income Tax Act 1961, arising out of order dated 12.9.2014, passed in ITA.No.819/Bang/2013 (Annexure-E) for the Assessment Year 2006-07, praying to formulate the substantial questions of law stated above and to allow the appeal and set aside the order of the Tribunal dated 12.9.2014, passed in ITA.No.819/Bang/2013 (Annexure-E).

Date of Judgment:26.07.2018 in ITA No.48/2015 MsourcE (India) Private Limited Vs. The Commissioner of Income-tax-III

2/2

This ITA coming on for Admission this day, Dr.Vineet Kothari, J., delivered the following: ORDER

Mr.T.Suryanarayana, Mr.Tanmajee Rajkumar, and Mr.Sandeep Huilgol, Advs. for Appellant-Assessee. Mr.S.P.Bhat and Mr.C.Basavaiah, Advs. for Respondent- Revenue.

The learned counsel for the appellant-Assessee has filed a memo dated 26.07.2018, seeking permission to withdraw the appeal.

The learned counsel for the Revenue has no objection.

Recording the memo, The Appeal is dismissed as withdrawn.

Sd/- JUDGE

Sd/- JUDGE

bk/ (List No.1 Sl.No.2)

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