What did the High Court hold?

The appellant sought liberty to withdraw their appeal as it was no longer pressed, given the withdrawal of the Revenue's related appeal. The Court allowed the withdrawal.

The appellant, Meta Platforms Ireland Limited, filed an appeal as a cross-appeal to an appeal filed by the Revenue. The Revenue's appeal was later withdrawn as it was below the monetary limit prescribed by the CBDT.

What were the issues?

The primary issue was whether the appellant's appeal, filed as a cross-appeal, should be permitted to be withdrawn after the main appeal was withdrawn by the Revenue.

Meta Platforms Ireland Limited vs The Joint Commissioner of | Karnataka High Court 2024

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NC: 2024:KHC:43292-DB ITA No. 154 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2024 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE S RACHAIAH INCOME TAX APPEAL NO. 154 OF 2024

BETWEEN:

META PLATFORMS IRELAND LIMITED, (FORMERLY KNOWN AS FACEBOOK IRELAND LTD.), MERRION ROAD, DUBLIN 04, IRELAND - DO4X2K5, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER MS. EVA NAGLE. …APPELLANT (BY SRI. KARAN JOSEPH, ADVOCATE)

AND:

THE JOINT COMMISSIONER OF INCOME TAX (OSD), INTERNATIONAL TAXATION CIRCLE 1(1), KORAMANGALA, BENGALURU - 560 034.

PR. COMMISSIONER OF INCOME TAX (INTERNATIONAL TAX), KORAMANGALA, BENGALURU - 560 034.

…RESPONDENTS

Digitally signed by K G RENUKAMBA Location: High Court of Karnataka

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NC: 2024:KHC:43292-DB ITA No. 154 of 2024

THIS ITA IS FILED UNDER SECTION 260A OF THE INCOME TAX ACT, 1961 PRAYING TO CALL FOR THE RECORDS AND PROCEEDINGS IN IT(IT)A NO.230/BANG/2023 PERTAINING TO THE CASE OF THE APPELLANT BEFORE THE INCOME TAX APPELLANT TRIBUNAL, ‘A’ BENCH, BENGALURU AND BE PLEASED TO DECIDE THE AFORESAID SUBSTANTIAL QUESTIONS OF LAW FORMULATED IN THE PRESENT APPEAL AND CONSEQUENTLY ALLOW THE PRESENT APPEAL, ETC.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO AND HON'BLE MR JUSTICE S RACHAIAH

ORAL JUDGMENT (PER: HON'BLE MR JUSTICE V KAMESWAR RAO)

Learned counsel for the appellant has filed a memo dated 04.09.2024, which reads as under:

“ The Appellant respectfully submits as follows:

It is submitted that the present appeal was filed as a cross appeal in connection with I.T.A. No.697/2023 filed by the Revenue.

Vide order dated 08.07.2024 I.T.A. No.697/2023 was disposed of as withdrawn, pursuant to a memo filed by the Revenue as the alleged tax effect was below the monetary limit prescribed by the Central Board of Direct Taxes.

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NC: 2024:KHC:43292-DB ITA No. 154 of 2024

In light thereof, the Appellant herein seeks liberty to withdraw the present Appeal as not pressed.

WHEREFORE, it is prayed that this Hon’ble Court may be pleased to take this Memo and dispose the present Appeal as not pressed, in the interest of justice.”

Accordingly, the appeal is dismissed as withdrawn. 3. Pending I.A.No.1/2024 do not survive for consideration and stand disposed of.

Sd/- (V KAMESWAR RAO) JUDGE

Sd/- (S RACHAIAH) JUDGE

SMC List No.: 1 Sl No.: 10

META PLATFORMS IRELAND LIMITED vs. THE JOINT COMMISSIONER OF

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