Ita/283/2016 Of Pr. Commissioner Of Income 1 Tax v. M/S Ge Medical Systems

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE O8TH DAY OF FEBRUARY 27071 PRESENT| THE HON’BLE MR. JUSTICE ALOK ARADHE AND| THE HON’‘’BLE MR. JUSTICE NATARAJ RANGASW A ILT.A. NO.283 OF 2016 BETWEEN: 1.|PR. COMMISSIONER OF INCOME-1 TAX..., BMT COMPLEX, KORAMANGALA BANGALORE. 2.|THE DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-7(1)(2) BANGALORE. (BY MR.SANMATHI E.1I., ADVOCATE) .... APPELLANTS AND" M/S. GE MEDICAL SYSTEMS|(INDIA) PVT. LTD.,(SINCE MERGED WITH WIPROGE HEALTHCARE PVT. LTD)PLOT NO.3, 3A & 4KADUGODI INDUSTRIAL AREABANGALORE - 560 Q6//PAN: AAACG /655G .., RESPONDENT (BY SMT GIRIJA G.P. AND SRI K.R. PRADEEP FOR ADVOCATES) THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX|ACT 1961, ARISING OUT OF ORDER DATED 04.11.2015 PASSEDIN ITA NO.328/BANG/2015 FOR THE ASSESSMENT YEAR 2010-11,PRAYING TQ: | (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW,STATED ABOVE. (ii) ALLOW THE APPEAL AND SET ASIDE THE ORDER OF THE,INCOME TAX APPELLATE TRIBUNAL DATED: 04.11.2015 BEARING.IN ITA NO. 328/BANG/2015 FOR THE ASSESMENT YEAR 2010-11. THIS I.T.A. COMING ON FOR FINAL HEARING, THIS DAY, |ALOK ARADHE J.,DELIVERED THE FOLLOWING: | JUDGMENT Mr.E.I.Sanmatni, learned counsel for the revenue. Smt.Girija G.P., learned counsel for the assessee hasentered appearance through video conferencing. This appeal under Section 260-A of the Income TaxAct, 1961 (hereinafter referred to as ‘the Act’, for short) has|been filed by the revenue. The subject matter of the appealpertains to the Assessment Year 2010-11. The appeal wasadmitted by a Bench of this Court vide order dated|24.07.2018 on the following substantial questions of law: (a) “Whether on the facts and in the:circumstances of the case, the Tribunal Isright in law tn holding that the final order ofassessment passed in the case of the|assessee for A. Y.72010-11 in the name of G Medical Systems (India) Pvt. Ltd. is non-est or Saved in terms of Section 297B of the Act?) (D)“Whetner on the facts and In thecircumstances of the case, the Tribunal was|right in law tn holding that the final order ofassessment passed in tne case of assessee for|A.Y.2010-11 In the name of GE Medical|Systems (India) Pvt. Ltd., is null and void|whenthemergedcompany|WiproGE|Heal/tncerePvt.Ltd.,contestedtheassessment proceedings witnout raising any|objection regarding the validity of assessment|proceeding in the name of GE Medical|Systems (India) Pvt. Ltd., and is merged|company Wipro GE Healtncare Pvt. Ltd.,|furtner liable to pay taxes as per Section|1/70(2) of the Act? 2. When the matter was taken up today, learnedcounsel for the assessee submits that the substantialquestions of law involved in this appeal have already beenanswered against the revenue in ITA No.439/2018 vide orderdated 04.02.2021. Tne aforesaid aspect could not bedisputed by the learned counsel for the revenue. 3. In view of the aforesaid submission made by thelearned counsel for the assessee and for the reasons|assigned in the aforesaid judgment, tne substantial questionsof law involved in this appeal are answered against therevenue and in favour of the assessee. In the result, the appeal fails and is hereby dismissed. Sd/-JUDGE Sd/-JUDGE RY|