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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:
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 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.
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*