Ita/106/2017 Of The Commissioner Of Income Tax v. M/S Intel Corporation

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10 DAY OF FEBRUARY, 2021 PRESENT THE HON’BLE MR.JUSTICE ALOK ARADHE AND THE HON’BLE MR.JUSTICE NATARAJ RANGASWAMY BETWEEN: I.T.A. NO.106 OF 2017 1. THE COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION, 7 FLOOR, BMTC BUILDING, 80 FEET ROAD, KORMANGALA, BENGALURU-560095. 2. THE DEPUTY DIRECTOR OF INCOME TAX, (PRESENT ADDRESS) THE DEPUTY COMMISSIONER OF INCOME TAX, (INTERNATIONAL TAXATION), CIRCLE-2(1), 4 FLOOR, BMTC BUILDING, 80 FEET ROAD, KORMANGALA, BENGALURU-560095. ...APPELLANTS (BY SRI. ARAVIND K.V., ADVOCATE) AND: M/S INTEL CORPORATION, C/O INTEL TECHNOLOGY INDIA PVT. LTD., 5 FLOOR, EMBASSY PARAGON BUILDING, 6/2 & 6/3, THOOBARAHALLI VILLAGE, NEAR KUNDALAHALLI GATE, ITPL ROAD, BENGALURU-560037. PAN: …RESPONDENT (BY MISS. MANASA ANANTHAN, ADVOCATE FOR SRI. T. SURYANARAYANA, ADVOCATE) THIS APPEAL IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT, 1961 ARISING OUT OF ORDER DATED 30.09.2016 PASSED IN IT(TP)A NO.1486/Bang/2013 FOR THE ASSESSMENT YEAR 2008-2009 (ANNEXURE-D), PRAYING TO; (a) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE; (b) ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU IN IT(TP)A NO.1486/Bang/2013 DATED 30.09.2016 AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, (INTERNATIONAL TAXATION), CIRCLE-1(1), BENGALURU AND (c) PASS SUCH OTHER SUITABLE ORDERS AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR HEARING THIS DAY, ALOK ARADHE, J., DELIVERED THE FOLLOWING: JUDGMENT Mr. Aravind K.V., learned counsel for the revenue. Miss Manasa Ananthan, for Mr. T.Suryanarayana, learned counsel for the assessee. Learned counsel for the assessee has filed a memo in which it is stated that the assessee has settled the dispute under the ‘Vivid se Vishwas’ scheme and therefore, nothing survives for adjudication in this appeal. 2. The aforesaid memo is taken on record. In view of the averments contained in the memo, the appeal is disposed of with liberty to the assessee to revive the same if occasion so arises. Sd/- JUDGE GH Sd/- JUDGE