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1/4 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JULY 2016
BEFORE
THE HON’BLE DR.JUSTICE VINEET KOTHARI
WRIT PETITION NO. 49075 OF 2013 (T-IT)
BETWEEN:
IBM INDIA PRIVATE LIMITED 12, SUBRAMANYA ARCADE - 1 BANNERGHATTA MAIN ROAD BANGALORE – 560 029 REPRESENTED HEREIN BY ITS DIRECTOR, MR. AMIT SHARMA ... PETITIONER
(BY SRI. T. SURYANARAYANA, ADV.)
AND:
THE CHIEF COMMISSIONER LARGE TAXPAYERS’ UNIT JSS TOWERS, 100 FEET RING ROAD BANASHANKARI III STAGE BANGALORE – 560 085
THE COMMISSIONER OF INCOME - TAX LARGE TAXPAYERS’ UNIT JSS TOWERS, 100 FEET RING ROAD BANASHANKARI III STAGE BANGALORE – 560 085
THE COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX LARGE TAXPAYERS’ UNIT JSS TOWERS, 100 FEET RING ROAD
DATE OF ORDER: 18/07/2016 IN WP NO.49075/13 IBM INDIA PVT LTD VS. THE CHIEF COMMISSIONER & ORS
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BANASHANKARI III STAGE BANGALORE – 560 085
THE CHIEF COMMISSIONER
OF INCOME TAX
BANGALORE – 1
CENTRAL REVENUE BUILDING
QUEEN’S ROAD
BANGALORE – 560 001
THE COMMISSIONER OF
SERVICE TAX
NO.16/1, S.P. COMPLEX
LALBAGH ROAD
BANGALORE – 560 027
CENTRAL BOARD OF
DIRECT TAXES
JEEVANDEEP BUILDING
PARLIAMENT STREET
NEW DELHI – 110 001
REPRESENTED BY ITS CHAIRMAN
CENTRAL BOARD OF
EXCISE AND CUSTOMS
JEEVANDEEP BUILDING
PARLIAMENT STREET
NEW DELHI – 110 001
REPRESENTED BY ITS CHAIRMAN
UNION OF INDIA REPRESENTED BY THE SECRETARY DEPARTMENT OF REVENUE MINISTRY OF FINANCE NORTH BLOCK NEW DELHI – 110 001 ... RESPONDENTS
(BY SRI.K .V. ARAVIND, ADV. FOR C/R1 TO R3, R4 & R6; SRI. N.R. BHASKAR, ADV. FOR R5, R7 & R8)
DATE OF ORDER: 18/07/2016 IN WP NO.49075/13 IBM INDIA PVT LTD VS. THE CHIEF COMMISSIONER & ORS
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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 21.10.13, VIDE ANNEXURE – V, PASSED BY THE R1 AS BEING CONTRARY TO & VIOLATIVE OF NOT ONLY THE SCHEME OF LTU & THE PROVISIONS CONTAINED IN RULE 10(3) OF THE SERVICE TAX RULES, 1994, BUT ALSO THE ORDER DATED 10.09.2013, VIDE ANNEXURE – Q, PASSED BY THIS HON’BLE COURT IN WP.NO.17293/2013 AND ETC.,
THIS WRIT PETITION IS COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Mr. T. SURYANARAYANA, Adv. for petitioner Mr. K .V. ARAVIND, Adv. for C/R1 to R3, R4 & R6 Mr. N.R. BHASKAR, Adv. for R5, R7 & R8
Mr. T. Suryanarayana, learned counsel for the petitioner has filed memo today, dated 11/7/016, which is taken on record and the petitioner has prayed for withdrawal of the writ petition. Mr. K.V.Aravind, learned counsel for the respondent – Income Tax
DATE OF ORDER: 18/07/2016 IN WP NO.49075/13 IBM INDIA PVT LTD VS. THE CHIEF COMMISSIONER & ORS
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Department does not object to the same. Therefore the writ petition is dismissed as withdrawn.
SD/- JUDGE
Rd/-