THE PR. COMMISSIONER OF INCOME TAX CIT (A) vs. BROCADE COMMUNICATIONS SYSTEMS PVT LTD

PDF · subscribers
ITA/32/2021HC KarnatakaKAHC01035312202019 April 2021Bench: SATISH CHANDRA SHARMA,S VISHWAJITH SHETTY2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court noted that the matter had been settled by the assessee under the Vivad se Vishwas Scheme. Consequently, the appeal was disposed of.

What were the facts?

The Revenue filed an appeal before the High Court against an ITAT order. The assessee had approached the Revenue under the Vivad se Vishwas Scheme.

What were the issues?

Whether the appeal is maintainable when the assessee has settled the dispute 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 19TH DAY OF APRIL, 2021

PRESENT

THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

AND

THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

ITA NO.32/2021 BETWEEN:

1.

THE PR. COMMISSIONER OF INCOME TAX CIT (A) 5TH FLOOR, BMTC BUILDING, 80 FEET ROAD, KORMANGALA, BENGALURU-560095.

2.

THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1(1)(1), PRESENT ADDRESS DCIT, CIRCLE-(1)(1)(2), 2ND FLOOR, BMTC BUILDING, 80 FEET ROAD KORMANGALA, BENGALURU-560095. …APPELLANTS (BY SRI.ARAVIND K.V., ADV.,)

AND:

BROCADE COMMUNICATIONS SYSTEMS PVT LTD FLOOR-3, B AND C WING AND FLOOR-8 D WING, S1, WIPRO ELECTRONIC CITY SPECIAL ECONOMIC ZONE, DODDATHOGUR VILLAGE BEGUR HOBLI, ELECTRONIC CITY, BENGALURU-560100. PAN-AACCB 4490N … RESPONDENT (BY MS.MANASA ANANTHAN FOR SRI.SURYANARAYANA, ADV.)

THIS APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT, 1961, PRAYING TO ARISING OUT OF ORDER DATED 19/06/2020 PASSED IN IT (TP)A NO.79/BANG/2019, FOR THE ASSESSMENT YEAR 2014-2015 AND ETC.

THIS APPEAL COMING ON FOR ORDERS THIS DAY, SATISH CHANDRA SHARMA J., DELIVERED THE FOLLOWING:

JUDGMENT

Ms.Manasa Ananthan, learned counsel, appearing on behalf of Sri T.Suryanarayana, learned counsel, accepts notice on behalf of the respondent-assessee. The vakalatnama filed by her is taken on record.

2.

She has informed this Court that the assessee has already approached the appellants under the vivid se vishwas Scheme and the matter has already been settled. She has filed a memo furnishing all the minute details in respect of the settlement under the vivid se vishwas Scheme.

3.

Resultantly, the Income Tax appeal is disposed of with liberty to approach this Court afresh in case need arises in future.

Sd/- JUDGE

Sd/- JUDGE TL

More judgments on Section 260-A

All 2,570 judgments and leading authorities on Section 260-A →

Recent GST High Court judgments

Search GST case law →