Ita/628/2016 Of M/S Mercedes Benz Research & Development India v. Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 2/ DAY OF NOVEMBER, 201383BEFORE. THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE K.NATARAJAN |INCOME TAX APPEAL NO.628 OF 2701ANDINCOME TAX APPEAL NO.10/3 OF 2ZOL BETWEEN: M/S MERCEDES BENZ RESEARCH |AND DEVELOPMENT INDIA PRIVATE LIMITED(A PRIVATE COMPANY LIMITED BY SHARESINCORPORATED UNDER THE COMPANIES ACT, 1956)HAVING ITS OFFICES AT:WHITEFIELD PALMS.PLOT NO.9S AND 10EPIP ZONE, PHASE 1.WHITEFIELD ROADBENGALURU-560066 .., APPELLAN [| (BY SRI:K.MALLAHA RAO ANDSRI: NAGESHWAR RAO, ADVOCATES) AND" DEPUTY COMMISSIONER OF INCOME TAX)CIRCLE-2(1).BENGALURU ~.. RESPONDENT (BY SRI: K.V.ARAVIND, ADVOCATE) THESE INCOME TAX APPEALS ARE FILED UNDERSECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT|OF ORDER DATED 27/07/2016 PASSED IN_ IT(TP)ANO.1364/BANG/2013 AND|IN|IT(TP)ANO.1393/BANG/2013, FOR THE ASSESSMENT YEAR 2005-2006, ANNEXURE-A PRAYING THIS HON BLE COURT TO:|(I) ADMIT THE INSTANT APPEAL TO ANSWER THE,SUBSTANTIAL QUESTIONS OF LAW SET OUT IN PARA 24|ABOVE; (II) SET ASIDE THE IMPUGNED ORDER AT.ANNEXURE ‘A’ PASSED BY THE INCOME TAX APPELLATE|TRIBUNAL TO THE EXTENT IT REJECTS APPELLANT S|APPROACH TO ECONOMIC ANALYSIS AND UPHOLDS|SELECTION OF TRANSACTIONAL NET MARGIN METHOD)(CTNMM’) BY TPO AS MOST APPROPRIATE METHOD,(MAM) IN IT(TPJ)A NO.1364/BANG/2013 [|APPELLANT-ASSESSESAPPEAL|AND|IN|IT(TP)ANO.1393/BANG/2013 |RESPONDENT/|ASSESSING|OFFICERAPPEAL] |BEFORE|THE|TRIBUNALFOR)ASSESSMENT YEAR 2005-06, DATED27/07/2016 AND (ITI) PASS SUCH FURTHER AND OTHER ORDERS IN FAVOUR OF|THE APPELLANT AS THIS HON’ BLE COURT MAY DEEM FITTO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE.CASE, AND IN THE INTEREST OF JUSTICE AND EQUITY. OK OOK C THESE INCOME TAX APPEALS COMING ON FORHEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE.FOLLOWING: JUDGMENT In view of the memo filed in the Court today, theappeals are dismissed as withdrawn. SD/- | SD/-_ JUDGE JUDGE *pgn/-|