PR COMMISSIONER OF INCOME TAX vs M/S SIEBEL SYSTEMS

1/4 IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 21ST DAY OF JUNE 2018

PRESENT

THE HON’BLE DR.JUSTICE VINEET KOTHARI

AND

THE HON’BLE MRS.JUSTICE S.SUJATHA

I.T.A. No.136/2016

BETWEEN :

Pr. COMMISSIONER OF INCOME TAX C.R.BUILDINGS, QUEENS ROAD, BANGALORE.

ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 12(3) BANGALORE.

...APPELLANTS

(BY SRI JEEVAN J. NEERALGI, ADV.)

AND :

M/s SIEBEL SYSTEMS SOFTWARE (INDIA) P. LTD., 6TH FLOOR, COMMERCE AT MANTRI, BBMP NO.2, WARD NO.65/BTM LAYOUT, BANNERGATTA ROAD, N.S.PALYA, BANGALORE PAN: AACH8144D

…RESPONDENT

(BY SRI T.SURYANARAYANA, ADV.)

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 08.07.2015 PASSED IN ITA NO.1318/BANG/2010, FOR THE ASSESSMENT YEAR 2006-07. PRAYING TO: (A) DECIDE THE FOREGOING QUESTION OF LAW AND / OR SUCH OTHER

Date of Judgment 21-06-2018, ITA No.136/2016 Pr. Commissioner of Income Tax Vs. M/s Siebel Systems Software (India) P. Ltd.

2/4

QUESTIONS OF LAW AS MAY BE FORMULATED BY THE HON'BLE COURT AS DEEMED FIT. (B) SET ASIDE THE APPELLATE ORDER DATED 08.07.2015 PASSED BY THE ITAT, 'B' BENCH, BENGALURU, IN APPEAL PROCEEDINGS NO. ITA NO. 1318/BANG/2010 FOR ASSESSMENT PERIOD 2006-07 AS SOUGHT FOR IN THIS APPEAL AND TO GRANT SUCH OTHER RELIEF AS DEEMED FIT.

THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, Dr. VINEET KOTHARI, J., DELIVERED THE FOLLOWING:

J U D G M E N T

Mr. Jeevan J. Neeralgi, Adv. for Appellants - Revenue Mr. T.Suryanarayana, Adv. for Respondent - Assessee

The Assessee-Company and Revenue Department have adopted the Mutual Agreement Procedure [MAP] for A.Y.2006-07, as submitted before this Court on the last occasion on 11.06.2018 which is quoted below for ready reference:

“Learned counsel for the Respondent- Assessee has submitted before us the copies of the letter dated 16.5.2017 addressed by the Assessee-M/s Siebal Systems Software (India) Private Ltd., addressed to the Deputy Commissioner of Income-tax Circle 6(1)(1), Bangalore, informing that the Revenue Department and the Asssessee-Company

Date of Judgment 21-06-2018, ITA No.136/2016 Pr. Commissioner of Income Tax Vs. M/s Siebel Systems Software (India) P. Ltd.

3/4

have entered into a Mutual Agreement Procedure [“MAP”) for A.Y. 2006-07 and accordingly, the present appeal filed by the Revenue for A.Y. 2006-07 has become infructuous.

Learned counsel for the Assessee has further produced copy of another Communication dated 13.10.2016 of the Deputy Commissioner of Income-tax Circle 6(1)(1), Bangalore, addressed to the Principal Officer of the Company accepting the said fact and asking the Assessee to withdraw the appeal, if any, filed before any Authority.

Learned counsel for the Assessee has brought to our notice that present ITA filed by the Revenue itself should be withdrawn as not pressed before this Court in view of the MAP adopted by the parties on mutual agreement.

Learned counsel for the Revenue Mr.Jeevan J.Neralagi prays for short accommodation to update instructions and make submission before this court.

Put up on 15.06.2018.”

Date of Judgment 21-06-2018, ITA No.136/2016 Pr. Commissioner of Income Tax Vs. M/s Siebel Systems Software (India) P. Ltd.

4/4

Today, the Learned Counsel for Revenue Mr.Jeevan J Neeralgi has confirmed the said stand of Revenue.

We are, therefore, of the opinion that the present appeal filed by the Revenue is rendered infructuous and the same is accordingly disposed of without going into the merits of the case.

Sd/- JUDGE

AN/-

PR COMMISSIONER OF INCOME TAX vs. M/S SIEBEL SYSTEMS