IBM INDIA PVT LTD vs. DR S PALANIKUMAR

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WP/5519/2014HC KarnatakaKAHC01003979201418 July 2016Bench: VINEET KOTHARI3 pages
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What did the High Court hold?

The High Court set aside the draft assessment order. The respondents were permitted to pass a fresh assessment order in accordance with law, with the petitioner waiving any objections regarding limitation.

What were the facts?

The petitioner, IBM India Pvt. Ltd., challenged a draft assessment order passed by the Joint Commissioner of Income Tax. Both parties agreed to dispose of the writ petition.

What were the issues?

The primary issue was the validity of the draft assessment order. The parties reached a settlement allowing for a fresh assessment order.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C

AI-generated summary — verify with the full judgment below

1/3 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. 5519 OF 2014 (T- IT)

BETWEEN:

IBM INDIA PVT LTD 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:

1.

DR. S. PALANIKUMAR THE JOINT COMMISSIONER OF INCOME TAX LARGE TAXPAYERS’ UNIT JSS TOWERS, 100 FEET RING ROAD BANASHANKARI III STAGE BANGALORE – 560 085

2.

COMMISSIONER OF INCOME TAX LARGE TAXPAYERS’ UNIT JSS TOWERS, 100 FEET RING ROAD BANASHANKARI III STAGE BANGALORE – 560 085

3.

UNION OF INDIA REPRESENTED BY THE SECRETARY

DATE OF ORDER: 18/07/2016 IN WP NO.5519/14 IBM INDIA PVT. LTD. VS. DR. S. PALANIKUMAR, JCIT & OTHERS

2/3 DEPARTMENT OF REVENUE MINISTRY OF FINANCE NORTH BLOCK NEW DELHI – 110 001 ... RESPONDENTS

(BY SRI.K .V. ARAVIND, ADV. FOR R2 & R3)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE IMPUGNED ASSESSMENT ORDER DATED 28.10.2013 PASSED BY THE R-1 UNDER SECTION 143[3] READ WITH SECTION 144 C OF THE INCOME TAX ACT 1961 VIDE ANNEXURE – A 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 respondents 2 and 3

1.

A joint memo has been filed by both the learned counsel for the petitioner as well as the respondents – Income Tax Department to the effect that the writ petition may be disposed of, whereby draft assessment order dated 28/10/2013 passed by the respondent No.1 under Section 143(3) r/w 144C of the Income Tax Act, 1961 for AY 2009-10, was challenged,

DATE OF ORDER: 18/07/2016 IN WP NO.5519/14 IBM INDIA PVT. LTD. VS. DR. S. PALANIKUMAR, JCIT & OTHERS

3/3 with a liberty to the respondents - Department and Authority concerned, to pass fresh assessment order, in accordance with law, in which the petitioner-assessee will not raise any objection as to the limitation.

2.

By agreement of both the learned counsel, the writ petition is disposed of by setting aside the draft assessment order dated 28/10/2013 passed by the respondent No.1, Joint Commissioner of Income Tax under Section143(3) r/w 144C of the Act for AY 2009-10 on the aforesaid conditions. It is expected that the respondent will pass fresh orders within a period of 18 months from today.

SD/- JUDGE

Rd/-

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