Ita/365/2010 Of The Commissioner Of Income Tax v. M/S. Asea Brown Boveri Ltd
High Court
14 Nov 2018 In favour of: Assessee
Forum / Bench
High Court · karnataka_bng_old
Parties
Ita/365/2010 Of The Commissioner Of Income Tax v. M/S. Asea Brown Boveri Ltd
Date of order
14 Nov 2018
Assessment year(s)
1988-39, 1987-88
Outcome
Dismissed
Case summary
In Ita/365/2010 Of The Commissioner Of Income Tax v. M/S. Asea Brown Boveri Ltd, the High Court (2018) dismissed the appeal. The decision went in favour of the assessee.
Decision: 2.|In view of the submission made, the appeals| are dismissed as sucn.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
The order — as passed by the High Court
IN THE HIGH COURT OF KARNATAKA AT BENGALURU|
ON THE 14 DAY OF NOVEMBER, 2018
BEFORE
THE HON’BLE MR. JUSTICE RAVI MALIMATH|
AND|
THE HON’BLE MR. JUSTICE K.NATARAJAN
INCOME TAX APPEAL No.365 OF 2010
CONNECTED WITH.
INCOME TAX APPEAL No.181 OF 2011
AND
'INCOME TAX APPEAL Nos.2829 OF ZJ0O
INCOME TAX APPEAL No.365 of 2010
BEI|WEEN
1THE COMMISSIONER OF
INCOME TAX
C.R.BUILDING, QUEENS ROAD|
BENGALURU
2 |THE DEPUTY COMMISSIONER
OF INCOME TAX.
SPECIAL RANGE -—-
MUMBAI .., APPELLANTS
(BY SRI: K.V.ARAVIND, ADVOCATE)
AND
M/S. ASEA BROWN BOVERI LTD|22A, SHAH INDUSTRIAL ESTATEOFF VEERA DESAI ROADANDHERL
MUMBAL - 400 053 ~. RESPONDENT|
(BY SRI: T.SURYANARAYANA, ADVOCATE)
THISINCOME|TAX.APPEAL|ISFILED|UNDERSECTION 260-A OF INCOME TAX ACT, 1961 ARISING OUT|OFORDERDATED13.05.2010|PASSEDIN|LIA.NO.7434/Mum/2002, FOR THE ASSESSMENT YEAR 1988-39,PRAYING|TO.I)FORMULATETHE.SUBSTANTIALQUESTIONS OF LAW STATED THEREIN, II)ALLOW THE!APPEAL AND SET ASIDE THE ORDERS PASSED BY THE|ITAT, BENGALURU IN ITA NO.7434/Mum/2002 DATED|13.05.7010 CONFIRMING THE ORDER OF THE APPELLATE|COMMISSIONER AND CONFIRM THE ORDER PASSED BYTHE DEPUTY COMMISSIONER OF INCOME TAX, SPECIAL|RANGE - 1, MUMBAI, IN THE INTEREST OF JUSTICE AND.EFQUITY.
'INCOME TAX APPEAL Nos.181 of 27011 AND 229 of 2012
BETWEEN:
1.THE COMMISSIONER OF
INCOME TAX, LIU
C.R.BUILDING, QUEENS ROAD|BENGALURUBENGALURU
2 |THE DEPUTY COMMISSIONER
OF INCOME TAX.
SPECIAL RANGE -—-
MUMBAI .., APPELLANTS |
(BY SRI: K.V.ARAVIND, ADVOCATE)
"
AND"
M/S. ABB LIMITED|KHANIJA BHAVAN49, RACE COURSE ROADII FLOOR, EAST WINGBENGALURU - 560 OOL1
.. RESPONDENT|
(BY SRI: T.SURYANARAYANA, ADVOCATE)
THESE INCOME TAX APPEALS ' ARE FILED UNDERSECTION 260-A OF INCOME TAX ACT, 1961 ARISING OUT|OFORDERDATED.25.01.7011|PASSEDIN|MPNO.52/Bang/2010, FOR THE ASSESSMENT YEAR 1987-88,PRAYING TO I)FORMULATE THE SUBSTANTIAL QUESTIONS.OF LAW STATED THEREIN, II)ALLOW THE APPEAL AND|SETASIDE|THEORDERS|PASSEDBY|THE.ITAT,.BENGALURUINMPNO.52/Bang/2010(INTTA|NO.169/Mum/2003) DATED 25.01.2011 CONFIRMING THE.ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM|THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF|INCOME TAX, SPECIAL RANGE - 1, MUMBAI, IN THE|INTEREST OF JUSTICE AND EQUITY.
le
THESE INCOME JAX APPEALS COMING ON FORHEARING THIS DAY, RAVI MALIMATH. J., DELIVERED THE.FOLLOWING:
JUDGMENT
The learned counsel for the appellants-Revenue|submits that the appeals are not maintainable in view of the monetary limits and also in terms of Circular No.3 of 2018 dated 11.07.2018 passed by Director (ITJ), Central|Board Direct Taxes, New Delni.
2.|In view of the submission made, the appeals|
are dismissed as sucn.
SD/-
SD/-|
JUDGE JUDGE.
rs _
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