THE COMMISSIONER OF INCOME TAX vs NIKE INC

ITA 345/2009

IN THE HIGH COURT OF KARNATAKA, BANGALORE

DATED THIS THE 07TH DAY OF MARCH 2013

PRESENT:

THE HON'BLE MR.JUSTICE N.KUMAR

AND

THE HON'BLE MR.JUSTICE B.MANOHAR

INCOME-TAX APPEAL No.345/2009

BETWEEN:

THE COMMISSIONER OF INCOME-TAX,

INTERNATIONAL TAXATION,

NO.14/3A, 6TH FLOOR,

RASHTROTHANA BHAVAN,

NRUPATHUNGA ROAD,

BANGALORE – 560 001.

THE ASSISTANT COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION,

NO.14/3A, 6TH FLOOR,

RASHTROTHANA BHAVAN,

NRUPATHUNGA ROAD,

BANGALORE – 560 001.

… APPELLANTS

(By SRI K.V.ARAVIND, Advocate)

ITA 345/2009

2 AND:

NIKE Inc., INDIA LIAISON OFFICE, 49/1, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE – 560 001.

… RESPONDENT

(By Sri KUMAR & KUMAR, Sr. COUNSEL ALONG WITH Sri T.SURYANARAYANA, Adv. FOR M/s. KING & PATRIDGE)

THIS ITA IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961 ARISING OUT OF ORDER DATED 02.01.2009 PASSED IN I.T.A NO.1206/BNG/2008, FOR THE ASSESSMENT YEAR 2002-2003, PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN, ETC.

THIS ITA COMING ON FOR ADMISSION, THIS DAY, N.KUMAR, J., DELIVERED THE FOLLOWING:

J U D G M E N T

Consequent to the order passed under Section 263 of the Act, assessment orders have been passed. The Tribunal was justified in setting aside the said order as in the connected matter it is held that there

ITA 345/2009

3 is no liability to pay tax on the part of the assessee and therefore exercise of power under Section 263 was not justified. Accordingly, the appeals are dismissed.

Sd/- JUDGE

Sd/-

JUDGE

dh*

THE COMMISSIONER OF INCOME TAX vs. NIKE INC