M/S MERCEDES BENZ RESEARCH & DEVELOPMENT INDIA vs. DEPUTY COMMISSIONER OF INCOME TAX

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ITA/628/2016HC KarnatakaKAHC01050504201627 November 2018Bench: RAVI MALIMATH,K.NATARAJAN3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeals as withdrawn based on a memo filed by the appellant. Therefore, the tribunal's order on the transfer pricing methods remains undisturbed by this court.

What were the facts?

The appeals were filed before the High Court of Karnataka against an order of the Income Tax Appellate Tribunal. The appeals concerned the assessment year 2005-2006 and related to transfer pricing issues.

What were the issues?

The primary issue was the appropriateness of the transfer pricing method (TNMM) chosen by the TPO and the appellant's approach to economic analysis. However, the court did not adjudicate on these issues.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

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.628 OF 2016 AND INCOME TAX APPEAL NO.1073 OF 2017

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:

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-2(1) BENGALURU

... RESPONDENT

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

THESE INCOME TAX APPEALS ARE FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 27/07/2016 PASSED IN IT(TP)A NO.1364/BANG/2013 AND IN IT(TP)A NO.1393/BANG/2013, FOR THE ASSESSMENT YEAR 2005- 2006, ANNEXURE-A PRAYING THIS HON'BLE COURT TO: (I) ADMIT THE INSTANT APPEAL TO ANSWER THE SUBSTANTIAL QUESTIONS OF LAW SET OUT IN PARA 24 ABOVE; (II) SET ASIDE THE IMPUGNED ORDER AT ANNEXURE 'A' PASSED BY THE INCOME TAX APPELLATE TRIBUNAL TO THE EXTENT IT REJECTS APPELLANT'S APPROACH TO ECONOMIC ANALYSIS AND UPHOLDS SELECTION OF TRANSACTIONAL NET MARGIN METHOD ("TNMM") BY TPO AS MOST APPROPRIATE METHOD ("MAM") IN IT(TP)A NO.1364/BANG/2013 ["APPELLANT- ASSESSE'S APPEAL"] AND IN IT(TP)A NO.1393/BANG/2013 [RESPONDENT/ ASSESSING OFFICER'S APPEAL"] BEFORE THE TRIBUNAL FOR ASSESSMENT YEAR 2005-06, DATED27/07/2016 AND (III) 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.

*****

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

JUDGMENT

In view of the memo filed in the Court today, the appeals are dismissed as withdrawn.

SD/-

SD/- JUDGE

JUDGE

*bgn/-

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