Ita/59/2017 Of M/S Toyota Kirloskar Motor (P) Ltd v. The Commissioner Of Income Tax Ltu

IN THE HIGH COURT OF KARNATAKA AT BENGALURUDATED THIS THE 8[TH|]DAY OF DECEMBER 27072 PRESENT| THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD LT.A. NO.59 OF 2017 BEITWEEN M/S. TOYOTA KIRLOSKAR MOTOR (P) LTD.A LIMITED COMPANY REGISTERED|UNDER THE PROVISIONS OFCOMPANIES ACT, 1956)HAVING ITS OFFICE AT PLOT NO.1.BIDADI IND. AREA, RAMNAGARA DISTRICT|KARNATAKA - 562109REP. HEREIN BY ITS AUTHORISED SIGNATORY|PAN: AAACT541 5B. .... APPELLAN[ (By Sri. S.S. NAGANAND, SR. COUNSEL FOR|Sri. S. SRIRANGA, ADV.,) AND 1.THE COMMISSIONER OF INCOME TAX, LTU JSS TOWERS, BSK III STAGEBANGALORE-560085.BANGALORE-560085. 2D.THE DEPUTY COMMISSIONER OF INCOME TAX, LTU JSS TOWERS, BSK III STAGEBANGALORE-560085. ... RESPONDENTS (By Sri. K.V. ARAVIND, ADVOCATE) THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME|TAX ACT 1961, ARISING OUT OF ORDER DATED 30.06.2016PASSED IN IT(TP)A NO.16/BANG/2015 & No.108/BANG/2015FOR|THE|ASSESSMENT|YEAR2010-11,|ANNEXURE-DPRAYING TO (i) FORMULATE THE SUBSTANTIAL QUESTIONOF LAW AS STATED ABOVE AND ANSWER THOSE IN FAVOURIN FAVOUR OF THE APPELLANT. (ii) SET ASIDE THE ORDERDATED 30-06-2016 IN IT(TP)A NO.16/BANG/2015 ANDNO.108/BANG/2015 PASSED BY THE ITAT (ANNEXURE-D)INSOFAR AS IT REMITS THE MATTER TO THE AO/TPO, ANDALLOW THE SAID APPEALN IN TO ® ETC. THIS I.T.A. COMING ON FOR HEARING, THIS DAY,|ALOK ARADHE J.,DELIVERED THE FOLLOWING: JUDGMENT Mr.S.S.Naganand, learned Senior counsel for tneaSS@CSSC2hasenteredapped[aNCethrough|Videoconferencing. Mr.K.V.Aravind, learned counsel for the revenue. 2. This appeal under Section 260-A of the IncomeTax Act, 1961 (hereinafter referred to as ‘the Act’, forsnort) nas been filed by the assessee against the orderdated 30.06.2016 passed by the Income Tax Appellate Tribunal (hereinafter referred to as ‘the Tribunal’ forshort). The subject matter of the appeal pertains to theAssessment Year 2010-11. The appeal was admitted byqa Bench of this Court vide order dated 11.10.2017 onthe following substantial question of law: "Whether on the facts and In thecircumstances of the case, the Tribunalwas Justified in remitting the matter backto the file of AO/TPO to examine the ALPof transactions in respect of expendituretowardstheadvertisementmaterialprocured from Associated Enterprises?" 3. When the matter was taken up today, learned|counsel for the assessee submits that in pursuance tothe order of remand dated 30.06.2016 passed by tneTribunal, the Assessing Authority has passed an order.on 28.07.2017 in favour of the assessee. Therefore, thesubstantial question of law involved in this appeal is.rendered academic. The aforesaid aspect of the matter has not been disputed by the learned counsel for therevenue. 4InVIEWOf theaforesaidsubsequentdevelopment and keeping the issue in this appeal alive,.the substantial question of law involved in this appeal is—rendered acadeniic. Accordingly, the appeal is disposed of. Sd/-JUDGE Sd/-JUDGE