PR. COMMISSIONER OF INCOME TAX - 4 vs. M/S. MICROCHIP TECHNOLOGY (INDIA) PVT. LTD.,

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

ON THE 20TH DAY OF NOVEMBER, 2018

BEFORE

THE HON'BLE MR. JUSTICE RAVI MALIMATH

AND

THE HON’BLE MR.JUSTICE K.NATARAJAN

INCOME TAX APPEAL NO.704 OF 2017

BETWEEN:

(BY SRI E.I.SANMATHI, ADVOCATE)

AND:

M/S MICROCHIP TECHNOLOGY (INDIA) PRIVATE LIMITED, NO.149-B, EPIP, 1STS PHASE, INDUSTRIAL AREA, WHITEFIELD, BENGALURU, PAN: AABCM 9868J. ... RESPONDENT

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF THE INCOME-TAX ACT, 1961 ARISING OUT OF ORDER DATED 08.03.2017 PASSED IN MP NO.3/BANG/2011 IN IT(TP) A NO.1247/BANG/2011, FOR THE ASSESSMENT YEAR 2007-2008, PRAYING THIS HON’BLE COURT TO; DECIDE THE FOREGOING QUESTION OF LAW AND / OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORUMLATED BY THE HON’BLE COURT AS DEEMED FIT AND SET ASIDE THE APPELLATE ORDER DATED 08.03.2017 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, ‘B’ BENCH, BENGALURU, AS SOUGHT FOR, IN THE RESPONDENT-ASSESSEE’S CASE, IN APPEAL PROCEEDINGS IN MP NO.3/BANG/2011 IN IT(TP) A NO.1247/BANG/2011 FOR ASSESSMENT YEAR 2007- 2008 AND GRANT SUCH OTHER RELIEF AS DEEMED FIT, IN THE INTEREST OF JUSTICE.

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

ORDER

The learned counsel for the appellant submits that the first substantial question of law that arises for consideration in the instant appeal is covered by the judgment of the Hon’ble Supreme Court in the case of COMMISSIONER OF INCOME TAX, CENTRAL-III VS. HCL TECHNOLOGIES LTD., (2018) 93 TAXMANN.COM 33 (SC)

3 and the second substantial question of law is covered by the judgment of this Court in the case of PRINCIPAL COMMISSIONER OF INCOME TAX, BENGALURU VS. SOFTBRANDS INDIA (P) LTD., (2018) 94 TAXMANN.COM 426 (KARNATAKA).

The appeal is accordingly dismissed.

SD/- SD/- JUDGE

JUDGE