M/S WIPRO LIMITED vs. THE DEPUTY COMMISSIONER

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WP/51244/2017HC KarnatakaKAHC01012667201713 November 2017Bench: VINEET KOTHARI3 pages
AI SummaryDismissed

What did the High Court hold?

The petitioner sought liberty to withdraw the writ petitions. The Court granted this liberty and dismissed the petitions as withdrawn.

What were the facts?

Wipro Limited filed writ petitions challenging directions issued by the Dispute Resolution Panel (DRP). The company argued that these directions violated principles of natural justice.

What were the issues?

Whether the directions issued by the Dispute Resolution Panel violated principles of natural justice. The primary issue was the petitioner's request to withdraw the writ petitions.

Which sections of the Income-tax Act were involved?

Section 144-C(5)

AI-generated summary — verify with the full judgment below

1/3 IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 13TH DAY OF NOVEMBER 2017

BEFORE

THE HON'BLE Dr.JUSTICE VINEET KOTHARI

WRIT PETITION No.51244/2017 & WRIT PETITION Nos.51428-430/2017 (T-IT)

BETWEEN:

M/S WIPRO LIMITED DODDAKANNELLI SARJAPUR ROAD BANGALORE-560 035 REPRESENTED BY ITS SENIOR MANAGER-CORPORATE TAXATION SRI.ACHAL DASS.

…PETITIONER

(BY SRI. N.VENKATARAMAN, SENIOR COUNSEL FOR SRI.VENKATESH S ARBATTI, ADV.)

AND:

1.

THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-7(1)(2) 7TH FLOOR, INCOME TAX OFFICE BMTC BUILDING, 80 FEET ROAD KORAMANAGALA BANGALORE-560 095.

2.

DISPUTE RESOLUTION PANEL-2 7TH FLOOR INCOME TAX OFFICE BMTC BUILDING, 80 FEET ROAD KORAMANGALA BANGALORE-560 095. …RESPONDENTS

Date of Order 13-11-2017 W.P.No.51244/2017 & W.P.Nos.51428-430/2017 M/s.Wipro Limited V/s. The Deputy Commissioner of Income Tax & Anr.

2/3

THESE W.Ps. ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE DIRECTIONS IN PROCEEDING DTD. 19-09- 2017 VIDE ANNEX-C PASSED BY THE R-2 AND DECLARE THAT THE DIRECTIONS AS PER PROCEEDING DTD 19-09- 2017 ISSUED BY R-2 IN ANNEX-C ARE IN VIOLATION OF PRINCIPLES OF NATURAL JUSTICE.

THESE W.Ps. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-

ORDER

Mr. N.Venkataraman, Senior Counsel for Sri.Venkatesh S. Arbatti, Adv. for Petitioner

Learned counsel for the petitioner after arguing the matter for some time prays liberty of the Court to withdraw the present writ petitions, with liberty to prefer an appeal before the Income Tax Appellate Tribunal, against the order passed by the Dispute Resolution Panel-2, Bengaluru, vide Annexure-C dated 19-09-2017 under Section 144-C(5) of the Income Tax Act, 1961.

2.

Leave granted.

Date of Order 13-11-2017 W.P.No.51244/2017 & W.P.Nos.51428-430/2017 M/s.Wipro Limited V/s. The Deputy Commissioner of Income Tax & Anr.

3/3

3.

The writ petitions are dismissed as withdrawn.

In view of dismissal of the writ petitions, I.A.No.1/2017 is also rejected.

Sd/- JUDGE

mpk/-* (Sl.No.09)

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