M/S NOVO NORDISK INDIA PVT.LTD vs. DEPUTY COMMISSIONER OF INCOME -TAX

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR ITA NO.25 OF 2018 BETWEEN: M/S NOVO NORDISK INDIA PVT.LTD (PRIVATE COMPANY LIMITED BY SHARES INCORPORATED UNDER THE COMPANIES ACT 1956) HAVING ITS OFFICES AT: PLOT NO.32, 47-50, EPIP AREA, WHITEFIELD BANGALORE. ... APPELLANT (BY SMT.DEEPIKA AGARWAL, ADVOCATE FOR SRI MALLAHARAO K, ADVOCATE ) AND: DEPUTY COMMISSIONER OF INCOME -TAX, CIRCLE 5 (1) (1), BANGALORE. ... RESPONDENT (BY SRI K.V.ARAVIND, ADVOCATE ) - - - THIS ITA IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT, 1961, ARISING OUT OF ORDER DATED: 31.08.2017 PASSED IN ITA (TP) NO.247/BANG/2016 AND DEPARTMENT'S APPEAL BEING ITA(TP)NO.525/BANG/2016 DATED: 31.08.2017 FOR ASSESSMENT YEAR ("AY") 2011-2012 PRAYING TO: (i) ADMIT THE INSTANT APPEAL TO ANSWER THE SUBSTANTIAL QUESTIONS OF LAW SET OUT IN PARA 38 ABOVE.

2 (ii) SET ASIDE THE IMPUGNED ORDER AT ANNEXURE-A PASSED BY THE INCOME TAX APPELLATE TRIBUNAL IN ASSESSEE'S APPEAL BEING IT(TP)A NO.247/BANG/2016 AND DEPARTMENT'S APPEAL BEING ITA(TP) NO.525/BANG/2016 FOR ASSESSMENT YEAR ("AY") 2011-12 DATED:31/08/2017 TO THE EXTENT CHALLENGED IN PRESENT APPEAL AND QUASH ANY PROCEEDINGS INSTITUTED OR CONTEMPLATED PURSUANT TO SUCH DIRECTIONS ISSUED THEREUNDER. THIS ITA COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Miss Deepika Agrawal, learned counsel for the Mr. Mallahar Rao K., for the assessee. Mr. K.V. Aravind, learned counsel for the revenue. Learned counsel for the assessee seeks leave of this Court to withdraw the appeal with a liberty to contest the issue for the subsequent year. Accordingly, the appeal is dismissed as withdrawn with the aforesaid liberty. Sd/- JUDGE Sd/- JUDGE HR