THE COMMISSIONER OF INCOME TAX vs. M/S INTEL TECHNOLOGY INDIA PVT LTD

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ITA/158/2007HC KarnatakaKAHC01016676200731 May 2021Bench: ALOK ARADHE,HEMANT CHANDANGOUDAR3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court disposed of the appeal as withdrawn by the Revenue, granting them liberty to revive it if necessary. This was in light of the assessee's settlement under the Vivad Se Vishwas scheme.

What were the facts?

The Revenue filed an appeal before the High Court against an ITAT order. The assessee had availed the benefit of the 'Vivad Se Vishwas' scheme.

What were the issues?

Whether the appeal filed by the Revenue should be allowed to proceed when the assessee has settled the dispute under the Vivad Se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31ST DAY OF MAY 2021

PRESENT

THE HON’BLE MR. JUSTICE ALOK ARADHE

AND

THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

I.T.A. NO.158 OF 2007 BETWEEN:

1.

THE COMMISSIONER OF INCOME-TAX INTERNATIONAL TAXATION, RASTROTHANA BUILDING, NRUPATHUNGA ROAD, BANGALORE.

2.

THE INCOME-TAX OFFICER INTERNATIONAL TAXATION, WARD-19(1), RASTROTHANA BUILDING, NRUPATHUNGA ROAD, BANGALORE. ...APPELLANTS (BY SRI K.V. ARAVIND, ADVOCATE)

AND:

M/S INTEL TECHNOLOGY INDIA PVT. LTD., NO.136, AIRPORT ROAD, BANGALORE-17. ... RESPONDENT

(BY SRI T. SURYANARAYANA, ADVOCATE A/W MS. MANASA, ADVOCATE) - - -

THIS I.T.A. IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 26.04.2006 PASSED IN ITA NO.973/BANG/2004 FOR THE ASSESSMENT YEARS 2002-03, PRAYING TO: (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN. (ii) ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BANGALORE IN ITA NO.973/BANG/2004 DATED 26.04.2006 AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE INCOME TAX OFFICER, INTERNATIONAL TAXATION, WARD-19(2), BANGALORE, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

JUDGMENT

Mr. K.V. Aravind, learned counsel for the Revenue. Mr. T. Suryanarayana, learned counsel for the assessee.

2.

The learned counsel for the assessee submits that the assessee has availed the benefit of “Vivad Se Vishwas’ scheme and along with the memo true copy of Form-3 has been produced. It is therefore submitted that the appeal may be disposed of.

3.

In view of the aforesaid submission, the learned counsel for the revenue seeks leave of this Court to withdraw

the appeal with a liberty to revive the same if occasion so arises.

4.

In view of the aforesaid submission, the appeal is disposed of in terms of the liberty as prayed for.

Sd/- JUDGE

Sd/- JUDGE

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