THE PR.COMMISSIONER OF INCOME TAX vs. M/S GE INTELLIGENT PLATFORM PVT LTD

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ITA/829/2017HC KarnatakaKAHC01043652201706 July 2018Bench: S.SUJATHA,VINEET KOTHARI2 pages
AI SummaryWithdrawn

What did the High Court hold?

The Tribunal noted that the learned counsel for the Appellants-Revenue had filed a Memo seeking withdrawal of the appeal. The learned counsel for the Respondent-Assessee had no objection to this request. Consequently, the High Court dismissed the appeal as withdrawn. No decision was made on the merits of the substantial questions of law that were intended to be formulated. The operative direction was to dismiss the appeal.

What were the facts?

The appeal was filed by the Principal Commissioner of Income-tax and the Deputy Commissioner of Income-tax (collectively referred to as the Revenue) against an order passed by the Income-tax Appellate Tribunal (ITAT). The ITAT's order, dated April 4, 2017, in appeal number IT(TP)A No.148/Bang/2015, had confirmed an order of the Dispute Resolution Panel (DRP) and an earlier order of the Deputy Commissioner of Income-tax. The assessee is M/s. GE Intelligent Platform 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 orders of the lower authorities. The assessment years are not explicitly stated in the provided text.

What were the issues?

1. Whether the appeal filed by the Revenue should be allowed, and the orders of the ITAT, DRP, and Deputy Commissioner of Income-tax be set aside. The Revenue, through its learned counsel, sought to withdraw the appeal. The Assessee, through its learned counsel, had no objection to the withdrawal.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 06TH DAY OF JULY 2018

PRESENT

THE HON'BLE Dr.JUSTICE VINEET KOTHARI

AND

THE HON’BLE Mrs.JUSTICE S.SUJATHA

I.T.A.No.829/2017

BETWEEN:

1.

THE PR. COMMISSIONER OF INCOME-TAX, CIT(A) 5TH FLOOR, BMTC BUILDING 80 FEET ROAD, KORMANGALA BENGALURU-560 095.

2.

THE DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-3(1)(2), 2ND FLOOR BMTC BUILDING, 80 FEET ROAD, KORMANGALA BENGALURU-560 095.

…APPELLANTS

(By Mr. ARAVIND K.V. ADV.)

AND:

M/S. GE INTELLIGENT PLATFORM PVT. LTD., 1ST FLOOR, BUILDING 9, 43 ELECTRONIC CITY, HOSUR ROAD BENGALURU-560 100 PAN: AAACG 7573K.

…RESPONDENT

(By Mr. C.K. NANDAKUMAR, ADV.)

THIS I.T.A IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME-TAX

Date of Judgment 06-07-2018 I.T.A.No.829/2017 The Pr. Commissioner of Income-tax, CIT(A) & Anr. Vs. M/s. GE intelligent Platform Pvt. Ltd.,

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APPELLATE TRIBUNAL, BENGALURU IN IT(TP)A No.148/Bang/2015 DATED 04-04-2017 CONFIRMING THE ORDER OF THE DRP AND CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(2), BENGALURU 7 ETC.

THIS I.T.A. COMING ON FOR HEARING, THIS DAY S. SUJATHA J. DELIVERED THE FOLLOWING:-

JUDGMENT

Mr. Aravind K.V. Adv. for Appellants- Revenue Mr. C.K. Nandakumar, Adv. for Respondent - Assessee

1.

Learned counsel for the Appellants-Revenue Mr.K.V.Aravind has filed a Memo seeking withdrawal of the appeal.

2.

Learned counsel for the Respondent-Assessee Mr.C.K.Nandakumar has no objection.

3.

Accordingly, the appeal is dismissed as withdrawn.

Sd/- JUDGE

Sd/-

JUDGE Srl.

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