Ita/403/2016 Of M/S Mercedes Benz Research v. Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 2/ DAY OF NOVEMBER, 201383 BEFORE THE HON BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE K.NATARAJAN | INCOME TAX APPEAL NO.403 OF 2016 BEI|WEEN M/S MERCEDES BENZ RESEARCH |AND DEVELOPMENT INDIA PRIVATE LIMITED(A PRIVATE COMPANY LIMITEDBY SHARES INCORPORATED UNDER |THE COMPANIES ACT, 1956)HAVING ITS OFFICES AT:WHITEFIELD PALMSPLOT NO.9S AND 10EPIP ZONE, PHASE 1.WHITEFIELD ROADBENGALURU-560066 ... APPELLANT (BY SRI:K.MALLAHA RAO ANDSRI: NAGESHWAR RAO, ADVOCATES) AND" ASSISTANT COMMISSIONER OF INCOME TAXCIRCLE-12(1)BENGALURU ... RESPONDENT (BY SRI: K.V.ARAVIND, ADVOCATE) THIS|INCOMETAXAPPEAL|[S|FILEDUNDER|SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT|OF ORDER DATED 16.03.2016 PASSED IN_ IT(TP)ANO.1336/BANG/2012 FOR THE ASSESSMENT YEAR 2008-2009 ANNEXURE-A PRAYING THIS HON BLE COURT TO (1) |ADMIT|THE|INSTANTAPPEAL|TOANSWERTHE|SUBSTANTIAL QUESTIONS OF LAW SET OUT IN PARA 23)ABOVE; (2) SET ASIDE THE IMPUGNED ORDER AT)ANNEXURE ‘A PASSED BY THE [NCOME-TAX APPELLATE.TRIBUNAL TO THE EXTENT IT REJECTS APPELLANT S|GROUNDS|RELATING.TO)SELECTION)OF|MOSTAPPROPRIATE METHOD IN IT(TP)A NO.1336/BANG/2012|FOR THE ASSESSMENT YEAR 2OO8-2009 ANNEXURE-A AS|FILED BY THE APPELLAN.T ASSESSEE BEFORE THETRIBUNAL AND (3) PASS SUCH FURTHER AND OTHER.ORDERS IN FAVOUR OF THE APPELLANT AS THIS HON’BLE.COURT MAY DEEM FIT TO GRANT IN THE FACTS AND.CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF.JUSTICE AND EQUITY. OK OOK THIS INCOME TAX APPEAL COMING ON FORHEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE.FOLLOWING: C JUDGMENT In view of the memo filed in the Court today, theappeal is dismissed as withdrawn. | SD/-_ SD/-| JUDGE JUDGE *pgn/-|