Date Of Judgment 21-06-2018, Ita v. M/S Siebel Systems Software (India) P. Ltd

IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 21 DAY OF JUNE 2018 PRESENT THR HON’BLEK DR.JUSTICE VINBBT KOTHARI ANT) THR HON’BLE MRS.JUSTICEK S.SUJATHA I.T.A. No.136/2016 BETWEEN : 1.Pr. COMMISSIONER OF INCOME TAX|C.R.BUILDINGS, QUEENS ROAD, ©BANGALORE.C.R.BUILDINGS, QUEENS ROAD, ©BANGALORE. «|ASSISTANT COMMISSIONER ©OF INCOME TAX CIRCLE 12(3) BANGALORE._ APPBRLLANTS (BY SRI JEEVAN J. NEERALGI, ADV.) AND : M/s SIEBEL SYSTEMS |SOFTWARE (INDIA) P. LTD.,( FLOOR, COMMERCE AT MANTRI,BBMP NO.2, WARD NO.65/BIM LAYOUT, |BANNERGATTA ROAD, >N.S.PALYA, BANGALOREPAN: AACHS8144D _. RESPONDENT. (BY SRI T.SURYANARAYANA, ADV.) THIS INCOMB TAX APPBAL IS FILED UNDER SECTION|260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER|DATED 08.07.2015 PASSED IN ITA NO.1318/BANG/2010, FOR.THE ASSESSMENT YEAR 2006-07. PRAYING TO: (A) DECIDE)THE FOREGOING QUESTION OF LAW AND / OR SUCH OTHER, Date of Judgment 21-06-2018, ITA No.136/2016 Pr. Commissioner of Income Tax Vs. M/s Siebel Systems Software (India) P. Ltd. 2/4 QUESTIONS OF LAW AS MAY BE FORMULATED BY THE)HON BLE COURT AS DEEMED FIT. (B) SET ASIDE THE.APPELLATE ORDER DATED 08.07.2019 PASSED BY THE I[ITAT'B' BENCH, BENGALURU, IN APPEAL PROCEEDINGS NO. ITA NO.1318/BANG/2010 FOR ASSESSMENT PERIOD 2006-07 AS.SOUGHT FOR IN THIS APPEAL AND TO GRANT SUCH OTHER|RBELIBF AS DEBMED FIT. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,|Dr. VINEET KOTHARI, J., DELIVERED THE FOLLOWING: JU DBiGMENT Mr. Jeevan J. Neeralgi,Adv. for Appellants - RevenueMr. T.Suryanarayana,Adv. for Respondent - Assessee 1.TheAssessee-CompanyandRevenueDepartment have adopted the Mutual Agreement Procedure forA.Y.2006-07, as submitted before this Court on the last occasion on11.06.2018which isquoted below for ready reference: “Learned counsel for the Respondent-Assessee has submitted before us the copiesof the letter dated16.5.2017addressed bythe Assessee-M/s Sitebal Systems Software(India) Private Ltd., addressed to the DeputyCommissioner of Income-tax Circle 6(1)(1),|Bangalore,|informingthattheRevenueDepartmentand the Asssessee-Company| Date of Judgment 21-06-2018, ITA No.136/2016 Pr. Commissioner of Income Tax Vs. M/s Siebel Systems Software (India) P. Ltd. 3/4 have entered into qiMutual AgreementProcedure|ony A) forA.Y. 2006-07" andaccordingly, the present appeal filed by the|Revenue forA.Y. 2006-07has becomeinfructuous.| Learned counsel for the Assessee hasfurther|producedCOPY|of|anotherCommunication dated13.10.2016of theDeputy Commissioner of Income-tax Circle6(1)(1), Bangalore, addressed to the PrincipalOfficer of the Company accepting the said fact|and asking the Assessee to withdraw the|appeal, if any, filed before any Authority. Learned counsel for the Assessee hasbrought to our notice that present ITA filed by|the Revenue itself should be withdrawn as|not pressed before this Court in view of the|MAPadopted by the parties on mutual)agreement. Learnedcounselforthe|RevenueMr. JeevanJ.Neralagtprays.forshort|accommodation to update instructions andmake submission before this court. Put up on)15.06.2018.” Date of Judgment 21-06-2018, ITA No.136/2016 Pr. Commissioner of Income Tax Vs. M/s Siebel Systems Software (India) P. Ltd. 4/4 ? Today, the Learned Counsel for Revenue Mr.Jeevan J Neeralg1has confirmed the said stand otRevenue. 3.We are, therefore, of the opinion that thepresent appeal filed by the Revenue is_ renderedinfructuous and the same is accordingly disposed ofwithout going into the merits of the case. AN/-| Sd/-.JU DGE Sd/-.JU DGE