IBM CORPORATION vs. THE DEPUTY COMMISSIONER OF

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ITA/431/2018HC KarnatakaKAHC01037288201820 April 2021Bench: ALOK ARADHE,M.G.S. KAMAL3 pages
AI SummaryAllowed

What did the High Court hold?

The High Court allowed the withdrawal of the appeal. The assessee was granted liberty to seek revival of the appeal if necessary.

What were the facts?

The assessee, IBM Corporation, filed an appeal before the High Court. The assessee sought to withdraw the appeal as the matter had been resolved under the 'Vivad se Vishwas' scheme.

What were the issues?

The primary issue was the withdrawal of the appeal due to settlement under the Vivad se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20TH DAY OF APRIL 2021

PRESENT

THE HON’BLE MR. JUSTICE ALOK ARADHE

AND

THE HON’BLE MR. JUSTICE M.G.S. KAMAL

I.T.A. NO.431 OF 2018 BETWEEN:

IBM CORPORATION A COMPANY INCORPORATED UNDER THE LAWS OF THE UNITED STATES OF AMERICA C/O IBM INDIA PRIVATE LIMITED NO.12, SUBRAMANYA ARCADE BANNERGHATTA MAIN ROAD BANGALORE-560029, KARNATAKA REP. HEREIN BY ITS AUTHORISED SIGNATORY MS. SUBHASHREE SIRIDHARAN PAN: NO.AAACI0847B.

.... APPELLANT (BY MS. MAHIMA GOUD, ADV., FOR MR. SURYANARAYANA T, ADV.,)

AND:

1.

THE DEPUTY COMMISSIONER OF

INCOME-TAX (INTERNATIONAL TAXATION)

CIRCLE-1(1)/1(2), BMTC BUILDING

80 FEET ROAD, 6TH BLOCK

KORAMANGALA, BANGALORE-560095.

2.

THE COMMISSIONER OF INCOME TAX

(INTERNATIONAL TAXATION)

BANGALORE, BMTC BUILDING

80 FEET ROAD, 6TH BLCOK

KORAMANGALA, BANGALORE-560095. ... RESPONDENTS

(BY MR. DILEEPKUMAR, ADV., FOR MR. K.V. ARAVIND, ADV.,) - - -

THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 19.01.2018 PASSED IN MP NO.64/BANG/2017 IN IT(IT)A NO.6/BANG/2014 (ANNEXURE-E) FOR THE ASSESSMENT YEAR 2008-09, PRAYING TO: (i) FORMULATE THE SUBSTANTIAL QUESTION OF LAW STATED ABOVE. (ii) ALLOW THE APPEAL AND SET ASIDE THE IMPUGNED ORDER PRONOUNCED ON 19.1.2018 BY THE TRIBUNAL IN MP NO.64/BANG/2017 IN IT(TP)A NO.6/BANG/2014 (ANNEXURE-C) & ETC.

THIS I.T.A. COMING ON FOR ORDERS, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

JUDGMENT

Ms. Mahima Goud, learned counsel for Sri. Suryanarayana T, learned counsel for the assessee through video conferencing.

Sri. Dileep Kumar, learned counsel for the revenue.

Learned counsel for the assessee has filed a memo seeking leave of this Court to withdraw the appeal on the ground that the matter has been resolved under ‘Vivad se Vishwas’ scheme. The aforesaid memo is placed on record.

The appeal is disposed of with liberty to the appellant to seek revival of the same in case of occasion so arises.

Sd/- JUDGE

Sd/- JUDGE Mds/-

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