M/S TOYOTA KIRLOSKAR MOTOR (P) LTD vs. THE COMMISSIONER OF INCOME TAX LTU

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER 2020 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD I.T.A. NO.59 OF 2017 BETWEEN: M/S. TOYOTA KIRLOSKAR MOTOR (P) LTD. A LIMITED COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS OFFICE AT PLOT NO.1 BIDADI IND. AREA, RAMNAGARA DISTRICT KARNATAKA - 562109 REP. HEREIN BY ITS AUTHORISED SIGNATORY PAN: AAACT5415B. .... APPELLANT (By Sri. S.S. NAGANAND, SR. COUNSEL FOR Sri. S. SRIRANGA, ADV.,) AND: 1. THE COMMISSIONER OF

INCOME TAX, LTU

JSS TOWERS, BSK III STAGE

BANGALORE-560085. 2. THE DEPUTY COMMISSIONER

OF INCOME TAX, LTU

JSS TOWERS, BSK III STAGE

BANGALORE-560085. ... RESPONDENTS (By Sri. K.V. ARAVIND, ADVOCATE) - - - THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 30.06.2016 PASSED IN IT(TP)A NO.16/BANG/2015 & No.108/BANG/2015 FOR THE ASSESSMENT YEAR 2010-11, ANNEXURE-D PRAYING TO (i) FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THOSE IN FAVOUR IN FAVOUR OF THE APPELLANT. (ii) SET ASIDE THE ORDER DATED 30-06-2016 IN IT(TP)A NO.16/BANG/2015 AND NO.108/BANG/2015 PASSED BY THE ITAT (ANNEXURE-D) INSOFAR AS IT REMITS THE MATTER TO THE AO/TPO, AND ALLOW THE SAID APPEALN IN TO & ETC. THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Mr.S.S.Naganand, learned Senior counsel for the assessee has entered appearance through video conferencing. Mr.K.V.Aravind, learned counsel for the revenue. 2. This appeal under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’, for short) has been filed by the assessee against the order dated 30.06.2016 passed by the Income Tax Appellate

3 Tribunal (hereinafter referred to as 'the Tribunal' for short). The subject matter of the appeal pertains to the Assessment Year 2010-11. The appeal was admitted by a Bench of this Court vide order dated 11.10.2017 on the following substantial question of law:

"Whether on the facts and in the circumstances of the case, the Tribunal was justified in remitting the matter back to the file of AO/TPO to examine the ALP of transactions in respect of expenditure towards the advertisement material procured from Associated Enterprises?" 3. When the matter was taken up today, learned counsel for the assessee submits that in pursuance to the order of remand dated 30.06.2016 passed by the Tribunal, the Assessing Authority has passed an order on 28.07.2017 in favour of the assessee. Therefore, the substantial question of law involved in this appeal is rendered academic. The aforesaid aspect of the matter

4 has not been disputed by the learned counsel for the revenue. 4. In view of the aforesaid subsequent development and keeping the issue in this appeal alive, the substantial question of law involved in this appeal is rendered academic. Accordingly, the appeal is disposed of. Sd/- JUDGE Sd/- JUDGE RV