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HC-KAR NC: 2025:KHC:39645-DB ITA No. 277 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF INCOME TAX APPEAL NO. 277 OF 2024 BETWEEN:
PR. COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION) KORAMANGALA, BANGALORE.
THE ASST. COMMISSIONER OF INCOME TAX INTERNATIONAL TAXATION, CIRCLE 1(2), KORAMANGALA, BANGALORE.
…APPELLANTS (BY SRI. E. I. SANMATHI, ADVOCATE) AND:
M/S. INFORMATICA LLC 2100, SEAPORT BOULEVARD REDWOOD CITY, CALIFORNIA, UNITED STATES, C/O. INFORMATICA,
Digitally signed by MADHUSHREE H Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:39645-DB ITA No. 277 of 2024
BUSINESS SOLUTIONS PVT. LTD., NO.66/1, BAGMANE COMMERZ O2, BAGMANE TECH PARK, BANGALORE-560 093.
…RESPONDENT
(BY MS. TANMAYEE RAJKUMAR, ADVOCATE)
THIS ITA IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 09.05.2024 AND CORRIGENDUM ORDER DATED 30.05.2024 PASSED IN IT(IT)A NO.1099/BANG/2023, ASSESSMENT YEAR 2021- 22, PRAYING TO., DECIDE THE FOREGOING QUESTION OF LAE AND / OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY THE HONBLE COURT AS DEEMED FIT AND SET ASIDE THE APPELLATE ORDER DATED 09.05.2024 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL C BENCH BANGALORE AS SOUGHT FOR, IN THE RESPONDENT ASSESSEES CASE, IN APPEAL PROCEEDINGS IN IT(IT)A NO. 1099/BANG/2023 FOR ASSESSMENT YEAR 21-22 (ANNEXURE A) AND CORRIGENDUM DATED 30.05.2024 AS ANNEXURE A1.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF
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HC-KAR NC: 2025:KHC:39645-DB ITA No. 277 of 2024
ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD)
The Revenue is aggrieved by the order dated 09.05.2024 in IT(IT)A No.1099/Bang/2023 on the file of the Income Tax Appellate Tribunal "C" Bench, Bengaluru [for short, 'the Tribunal'], and the Tribunal's order is about the assessee's liability to pay royalty.
It remains undisputed that the Tribunal's decision is based on the finding in similar circumstances in the assessee's own case but relevant to the Assessment Year 2015-16 and this order is called in question before this Court in I.T.A.No.672/2023 which stands disposed of by a separate order with this Court opining that there would no reason to make a difference in the conclusion of the facts which are same and when a final conclusion is reached. This appeal must also therefore be disposed of.
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HC-KAR NC: 2025:KHC:39645-DB ITA No. 277 of 2024
At this stage, Mr. E. I. Sanmathi, a learned Senior standing counsel for the appellants, submits that liberty may be reserved to reopen if the review filed before the Apex Court in Engineering Analysis Centre for Excellence Private Limited Vs. Commissioner of Income Tax and Another reported in AIR 2021 SC 124 is successful but this Court must, as is observed by this Court in I.T.A.No.672/2023, opines that no case is made out for reserving liberty. As such, the petition stands disposed of.
Sd/- (B M SHYAM PRASAD) JUDGE
Sd/- (T.M.NADAF) JUDGE