M/S MERCEDES BENZ RESEARCH vs. ASSISTANT COMMISSIONER OF INCOME TAX

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

ON THE 27TH DAY OF NOVEMBER, 2018

BEFORE

THE HON'BLE MR. JUSTICE RAVI MALIMATH

AND

THE HON’BLE MR. JUSTICE K.NATARAJAN

INCOME TAX APPEAL NO.403 OF 2016

BETWEEN:

M/S MERCEDES BENZ RESEARCH AND DEVELOPMENT INDIA PRIVATE LIMITED (A PRIVATE COMPANY LIMITED BY SHARES INCORPORATED UNDER THE COMPANIES ACT, 1956) HAVING ITS OFFICES AT: WHITEFIELD PALMS PLOT NO.9 AND 10 EPIP ZONE, PHASE 1 WHITEFIELD ROAD BENGALURU-560066

... APPELLANT

(BY SRI:K.MALLAHA RAO AND SRI:NAGESHWAR RAO, ADVOCATES)

2 AND:

ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-12(1) BENGALURU

... RESPONDENT

(BY SRI:K.V.ARAVIND, ADVOCATE)

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 16.03.2016 PASSED IN IT(TP)A NO.1336/BANG/2012 FOR THE ASSESSMENT YEAR 2008- 2009 ANNEXURE-A PRAYING THIS HON'BLE COURT TO (1) ADMIT THE INSTANT APPEAL TO ANSWER THE SUBSTANTIAL QUESTIONS OF LAW SET OUT IN PARA 23 ABOVE; (2) SET ASIDE THE IMPUGNED ORDER AT ANNEXURE 'A' PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL TO THE EXTENT IT REJECTS APPELLANT'S GROUNDS RELATING TO SELECTION OF MOST APPROPRIATE METHOD IN IT(TP)A NO.1336/BANG/2012 FOR THE ASSESSMENT YEAR 2008-2009 ANNEXURE-A AS FILED BY THE APPELLANT ASSESSEE BEFORE THE TRIBUNAL AND (3) PASS SUCH FURTHER AND OTHER ORDERS IN FAVOUR OF THE APPELLANT AS THIS HON’BLE COURT MAY DEEM FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE AND EQUITY.

*****

THIS INCOME TAX APPEAL COMING ON FOR HEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:

3 JUDGMENT

In view of the memo filed in the Court today, the appeal is dismissed as withdrawn.

SD/-

SD/- JUDGE

JUDGE

*bgn/-