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1/3 IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 21st DAY OF NOVEMBER 2016
BEFORE
THE HON'BLE Dr.JUSTICE VINEET KOTHARI
WRIT PETITION Nos.46423-426/2016 (T-IT)
BETWEEN:
M/S. FLIPKART INTERNET PRIVATE LIMITED VAISHNAVI SUMMIT, GROUND FLOOR 7TH MAIN, 80 FEET ROAD, 3RD BLOCK KORAMANGALA INDUSTRIAL AREA BANGALORE-560034 THROUGH ITS AUTHORIZED SIGNATORY Mr. R. RAMA CHANDRA.
…PETITIONER (BY SRI. PRADEEP NAYAK, ADV., FOR M/S. KEYSTONE PARTNERS)
AND:
THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 3(1)(1), SECOND FLOOR, BMTC BUILDING KORAMANGLA, BANGALORE-560095.
THE JOINT COMMISSIONER OF INCOME TAX CIRCLE 3(1)(1), SECOND FLOOR, BMTC BUILDING KORAMANGLA, BANGALORE-560095.
THE PRINCIPAL COMMISSIONER OF INCOME TAX-3 CIRLCE3(1)(1), FIFTH FLOOR, BMTC BUILDING KORAMANGLA, BANGALORE-560095.
THE CHIEF COMMISSIONER OF INCOME TAX-3 C.R. BUILDING No.1, QUEENS ROAD BANGALORE-560001.
Date of Order 21.11.2016 W.P.Nos.46423-426/2016
M/s. Flipkart Internet Private Limited Vs.
The Assistant Commissioner of Income Tax & Ors.
2/3
CENTRAL BOARD OF DIRECT TAXES THROUGH THE SECRETARY DEPARTMENT OF REVENUE MINISTRY OF FINANCE GOVERNMENT OF INDIA CENTRAL SECRETARIAT NORTH BLOCK, NEW DELHI-110001.
…RESPONDENTS (BY SRI. DILIP, FOR SRI. K.V. ARAVIND, ADV.)
THESE W.Ps. ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE IMPUGNED INSTRUCTION No.1/2015 (F.No.225/319/2014-ITA.II) DATED 13.1.2015 ISSUED BY R-5 AT ANNEX-A AS NULL AND VOID AND HOLD IT TO BE CONTRARY TO THE PROVISIONS OF THE ACT AND/OR CALL FOR, EXAMINE THE RECORDS IN RELATION TO AND QUASH THE IMPUGNED INSTRUCTION No.1/2015 (F.No.225/319/2014-ITA.II) DATED 13.1.2015 ISSUED BY R-5 AT ANNEX-A AS BEING ILLEGAL AND ARBITRARY.
THESE W.Ps. COMING ON FOR FINAL DISPOSAL THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Mr.Pradeep Nayak, Adv. for M/s. Keystone Partners Adv. for Petitioner Mr. Dilip, Adv. for Mr. K.V. Aravind, Adv. for Respondents
The learned counsel for the petitioner submits that since the refund due to the petitioner-assessee has been granted by the Income Tax Department, he therefore, does not want to press this writ petition on merits.
Date of Order 21.11.2016 W.P.Nos.46423-426/2016
M/s. Flipkart Internet Private Limited Vs.
The Assistant Commissioner of Income Tax & Ors.
3/3
Accordingly, the Writ petition is dismissed as not pressed.
Sd/- JUDGE
Srl.