THE DIRECTOR OF INCOME TAX vs. M/S IBM WORLD TRADE CORPORATION

ITA No.375/2010 c/w ITA Nos.376/2010 & 377/2010

- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4TH DAY OF OCTOBER, 2018

PRESENT

HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE

AND

HON’BLE MR.JUSTICE S.G.PANDIT

INCOME TAX APPEAL NO.375/2010 C/W INCOME TAX APPEAL NOS.376/2010 & 377/2010

IN ITA NO.375/2010 BETWEEN:

... APPELLANTS

(BY SRI K.V.ARAVIND, ADVOCATE)

AND:

M/S. IBM WORLD TRADE CORPORATION C/O BMR & ASSOCIATES 2ND FLOOR, EMBASSY ICON ANNEXE 2/1, INFANTRY ROAD, BANGALORE ... RESPONDENT

(BY SRI T. SURYANARAYANA, ADVOCATE)

ITA No.375/2010 c/w ITA Nos.376/2010 & 377/2010

- 2 - THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT, 1961, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AND TO SET ASIDE THE ORDER PASSED BY THE ITAT, BANGALORE IN ITA NO.999/BANG/2009 DATED 19.05.2010 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE DEPUTY DIRECTOR OF INCOME TAX, INTERNATIONAL TAXATION, CIRCLE-19(1), BANGALORE.

IN ITA NO.376/2010 BETWEEN:

(BY SRI K.V. ARAVIND, ADVOCATE)

AND:

M/S. IBM WORLD TRADE CORPORATION C/O BMR & ASSOCIATES 2ND FLOOR, EMBASSY ICON ANNEXE 2/1, INFANTRY ROAD, BANGALORE ... RESPONDENT

(BY SRI T. SURYANARAYANA, ADVOCATE)

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT, 1961, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AND TO SET ASIDE THE ORDER PASSED BY THE ITAT, BANGALORE IN ITA NO.1000/BANG/2009 DATED 19.05.2010 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE

ITA No.375/2010 c/w ITA Nos.376/2010 & 377/2010

- 3 - DEPUTY DIRECTOR OF INCOME TAX, INTERNATIONAL TAXATION, CIRCLE-19(1), BANGALORE.

IN ITA NO.377/2010 BETWEEN:

(BY SRI K.V. ARAVIND, ADVOCATE)

AND:

M/S. IBM WORLD TRADE CORPORATION C/O BMR & ASSOCIATES 2ND FLOOR, EMBASSY ICON ANNEXE 2/1, INFANTRY ROAD, BANGALORE ... RESPONDENT

(BY SRI T. SURYANARAYANA, ADVOCATE)

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT, 1961, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AND TO SET ASIDE THE ORDER PASSED BY THE ITAT, BANGALORE IN ITA NO.998/BANG/2009 DATED 19.05.2010 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION, CIRCLE-19(1), BANGALORE.

THESE APPEALS COMING ON FOR FINAL HEARING THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:

ITA No.375/2010 c/w ITA Nos.376/2010 & 377/2010

- 4 - JUDGMENT Learned counsel for the appellants has moved a memo with the submissions that in view of Circular No.3/2018 dated 11.07.2018 on the monetary limit for filing of the appeal by the Income Tax Department before the Income-Tax Appellate Tribunal, this Court as also the Hon’ble Supreme Court, these appeals are not maintainable and seeks permission to withdraw.

Permission granted. The appeals are dismissed as withdrawn.

Sd/- CHIEF JUSTICE

Sd/- JUDGE

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