THE COMMSISIONER OF INCOME TAX, vs. NIKE INC

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ITA/914/2008HC KarnatakaKAHC01039542200807 March 2013Bench: B.MANOHAR,N.KUMAR3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the Commissioner's action under Section 263 was without jurisdiction as the issue had already been adjudicated by the Appellate Authority. Therefore, the Tribunal's order was justified.

What were the facts?

The Commissioner of Income-Tax appealed against an ITAT order concerning Nike Inc. for the assessment year 2002-2003. The appeal was based on the Commissioner's exercise of power under Section 263 to increase the tax percentage.

What were the issues?

Whether the Commissioner had the jurisdiction to revise the tax assessment when the issue was already adjudicated by a higher appellate authority.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

ITA 914/2008

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.914/2008

BETWEEN:

1.

THE COMMISSIONER OF INCOME-TAX,

INTERNATIONAL TAXATION,

NO.14/3A, 6TH FLOOR,

RASHTROTHANA BHAVAN,

NRUPATHUNGA ROAD,

BANGALORE – 560 001.

2.

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 914/2008

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.)

THIS ITA IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961 ARISING OUT OF ORDER DATED 28.05.2008 PASSED IN I.T.A NO.561/BNG/2007, 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 HEARING, THIS DAY, N.KUMAR, J., DELIVERED THE FOLLOWING:

J U D G M E N T

In view of the judgment of this Court rendered in the connected appeals I.T.A.No.976/2008 and other connected matters, where it has been held that the assessee is not liable to pay any tax at all, the question of the Commissioner exercising his power

ITA 914/2008

3 under Section 263 and increasing the percentage of tax is wholly without jurisdiction as the said issue was adjudicated by the Appellate Authority.

2.

In that view of the matter, the Tribunal was justified in passing the impugned order, which does not call for interference. Accordingly, these appeals are dismissed.

Sd/- JUDGE

Sd/-

JUDGE

dh*

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