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

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ITA/25/2018HC KarnatakaKAHC01032861201826 July 2021Bench: ALOK ARADHE,HEMANT CHANDANGOUDAR2 pages
AI SummaryDismissed

What did the High Court hold?

The assessee's counsel sought permission to withdraw the appeal. The Court granted this permission with the liberty to contest the issue for subsequent years.

What were the facts?

The assessee, M/s Novo Nordisk India Pvt. Ltd., filed an appeal before the High Court of Karnataka. The appeal arose from an order passed by the Income Tax Appellate Tribunal concerning Assessment Year 2011-12.

What were the issues?

The primary issue was the withdrawal of the appeal by the assessee. The court allowed the withdrawal with liberty to pursue the matter for future assessment years.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

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

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