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APHC010260952019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI l! I THURSDAY. THE TWENTY FIRST DAY OF AUGUSli^, ll TWO THOUSAND AND TWENTY FIVE ' PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA INCOME TAX TRIBUNAL APPEAL NO: 17 OF 2020 SARMA Appeal under section 260A of the Income Tax Act-1961, aggrieved by the order dated 03.04.2019 i I.T.A.No.348A/izag/2018 (Assessment Year 2014-2015) before the Income Tax Appellate Tribunal Bench, Visakhapatnam preferred against the Income Tax Appeal CIT (A)-1, Guntur in Visakhapatnam order of the Commissioner of dated 06.04.2018 bearing Appeal No. ITA No.10198/CIT{A)-1/GNT/2014-15 and preferred against the order of the Assistant Commissioner of Income Tax, Circle-1 (1), Guntur in AAACC9552G/A.Y.2014-2015/ITO/Guntur, PAN/GIR.No: dated 28.12.2017. Between: The Pr. Commissioner of Income-Tax, Guntur. ...APPELLANT AND M/s CCL Products (India) Pvt. Ltd, Duggirala, Guntur District - 522 330 ...RESPONDENT
Counsel for the Petitioner COUNSEL FOR INCOME TAX DEPT.) Counsel for the Respondent: SRI KARAN TALWAR The Court made the following : : SRI SANTHI CHANDRA (STANDING
/ APHC010260952019 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3545] THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA INCOME TAX TRIBUNAL APPEAL NO: 17/2020 Between: 1. THE PR. COMMISSIONER OF INCOME-TAX, GUNTUR ...APPELLANT AND 1.M/S CCL PRODUCTS INDIA PVT LTD, Duggirala, Guntur District - 522 330 ...RESPONDENT Appeal under section oreder of the Income tax Appellate Tribunal visakhapatnam Bench Visakhapatnam, in ITA No. 348A/izag/2018 dated 03-04-2019 for A.Y.2014-15 lANO: 1 OF 2020 against ordersPleased to set aside the Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to condone the delay of 198 days in representing the I.T.T.A. and to pass lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to frame the following questions of law as additional substantial questions of law for adjudication of the issues raised in the above appeal. 1 "Whether on the facts and in the circumstances of the case, the Corporate guarantee given by the assessee to its Associated Enterprises without charging any fee or commission would be termed as an "international transaction" within the meaning of Sec.928 of the Income-tax Act,1961. 2 "Whether, the outstanding trade receivables of the assessee, from its
I 2 Associated Enterprises (AEs), beyond the credit period allowed, would amount to capital financing and consequently, whether the same can be treated as an "international transaction" within the meaning of Explanation( c) to Sec.928 of the Income-tax Act, 1961"?. 3. Whether on the facts and in the circumstances of the case the order of the Tribunal is perverse, as the same is rendered without referring to the applicable provisions of "Explanation" to Sec.928 of the Income-tax Act. 4. Whether on the facts and in the circumstances of the case the order of the Tribunal is perverse in deleting the interest charged on trade receivables, by holding that the trade receivables were received without delay, in the light of the finding of the Transfer Pricing officer that interest was computed on those trade receivables paid by the AEs after the lapse of credit period." and to pass Counsel for the Appellant: 1. ELEVATED AS JUDGE Counsel for the Respondent; 1. KARAN TALWAR The Court made the following:
3 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA INCOME TAX TRIBUNAL APPEAL N0.17 of 2020 JUDGMENT:fPer Hon’ble Sri Justice Battu Devanand) Learned counsel for the appellant has placed a copy of the certificate issued by the Deputy Commissioner of Income Tax, Circle-1 (1), Guntur, wherein it is stated that the appeal filed by the department in I.T.T.A.No.17 of 2020 is to be withdrawn, in view of the tax effect involved in the case is Rs. 1,18,99,292/-, which is below monetary limits. Accordingly, learned counsel sought permission of the Court to withdraw this appeal. 2. Copy of the certificate is placed on record. Permission is granted. 3. Accordingly, the Income Tax Tribunal Appeal is dismissed as withdrawn. There shall be no order as to costs. As a sequel, miscellaneous pet[tions pending, if any, shall stand closed. SD/- S.V.S.R. MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Income Tax Appellate Tribunal Visakhapatnam. 2. The Commissioner of Income Tax Appeal, CIT (A)-1, Guntur. 3. The Assistant Commissioner of Income Tax, Circle-1 (1), Guntur. Visakhapatnam Bench
/■ 4. One CC to Sri Santhi Chandra (Standing Counsei Advocate [OPUCJ 5. One CC to Sri Karan Talwar Advocate [OPUC] 6. Two CD Copies for Income Tax Dept.) SAM TAC !i ! 1 :i I i '! !|'( -1 \ =
\ HIGH COURT DATED:21/08/2025 JUDGMENT ITTA No. 17 of 2020 If 2 7 OCT 2025 i i'vQurrent SectloaX^' €: S»i DISMISSING THE I.T.T.A AS WITHDRAWN