GE MEDICAL SYSTEMS (INDIA)PRIVATE LTD., vs. THE ASSISTANT COMMISSIONER

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ITA/702/2017HC KarnatakaKAHC01039713201709 January 2018Bench: L.NARAYANA SWAMY (AG.CJ),P.S.DINESH KUMAR3 pages
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What did the High Court hold?

The High Court directed the Assessing Officer to pass an appropriate order in accordance with law, clarifying that if passing an assessment order in the name of the merged company is legally permissible, then the Assessing Officer is at liberty to do so.

What were the facts?

The appellant, GE Medical Systems (India) Private Ltd., was merged with Wipro GE Healthcare Pvt Ltd. The Income Tax Appellate Tribunal directed the Assessing Officer to pass an order in the name of the merged company. The appellant contended this direction was an error in law.

What were the issues?

Whether the Income Tax Appellate Tribunal erred in directing the Assessing Officer to pass an assessment order in the name of the merged company.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

- - ITA No.7O2/2017

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9TH DAY OF JANUARY 2018

PRESENT

THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE

AND

THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR INCOME TAX APPEAL NO.702/2017 BETWEEN: GE MEDICAL SYSTEMS (INDIA) PRIVATE LTD., (SINCE MERGED WITH WIPRO GE HEALTHCARE PVT LTD.,), PLOT NO.3, 3A & 4 KADUGODI INDUSTRIAL AREA BANGALORE- 560 067

(APPEAL BEING PROSECUTED M/S.WIPRO GE PVT. LTD SUCCESSOR IN INTEREST FOR THE MERGED M/S.GE MEDICAL SYSTEMS INDIA PVT. LTD.,) PAN NO: AAACG7655G … APPELLANT

(BY SMT.S R ANURADHA, ADVOCATE)

AND:

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 12(5) PRESENTLY, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 7(1)(2) BANGALORE … RESPONDENT

(BY SRI JEEVAN J NEERALGI, ADVOCATE)

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT, 1961, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AND TO SET ASIDE THE

- - ITA No.7O2/2017

2 ORDER DATED 21.04.2017 PASSED IN ITA NO.563/BANG/2016 BY THE ITAT, BANGALORE, INSOFAR IT RELATES TO DIRECTING PASSING OF APPROPRIATE ORDERS IN THE NAME OF THE MERGED COMPANY AND ASSESSMENT ORDER DATED 29.01.2016 PASSED BY THE ASSESSING OFFICER FOR THE ASSESSMENT YEAR 2011-2012 AS NULL AND VOID.

THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:

JUDGMENT Ag.CJ (Oral):

1.

Heard the learned Counsel for the parties and perused the record. The only grievance made out by learned counsel appearing for the appellant is with regard to the direction given by the Income Tax Appellate Tribunal to the Assessing Officer to pass an appropriate order in the name of the merged company.

2.

Learned counsel for the appellant submits that the Appellate Tribunal had erred in law in giving the aforesaid specific direction to the Assessing Officer.

3.

We, accordingly, direct the Assessing Officer to pass an appropriate order in the matter, in accordance with law. If it is permissible in law to pass an assessment order in the name of the merged company, he is at liberty to do so. The

- - ITA No.7O2/2017

3 appeal is accordingly disposed of. In view of disposal of the appeal, I.A.No.1/2017 does not survive for consideration; it stands disposed of accordingly.

Appeal disposed of.

Sd/- ACTING CHIEF JUSTICE

Sd/-

JUDGE

bkv

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