Ita/638/2023 Of The Pr., Commissioner Of Income Tax-3 v. M/S Nike India Private Limited

Digitally signedby SHAKAMBARILocation: HIGHCOURT OFKARNATAKA IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18 DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR INCOME TAX APPEAL NO. 638 OF 2023 BETWEEN: 1. THE PR., COMMISSIONER OF INCOME TAX-3, KORMANGALA, BANGALORE. 2. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 5(1)(1), BANGALORE. …APPELLANTS (BY SRI. E.I. SANMATHI, ADVOCATE) AND: M/S. NIKE INDIA PRIVATE LIMITED, NO.701, THE MILLENIA, TOWER-B, MURPHY ROAD, ULSOOR, BANGALORE-560 008. PAN NO. …RESPONDENT (BY SMT. TANMAYEE RAJKUMAR, ADVOCATE) THIS ITA / INCOME TAX APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 14/10/2020 PASSED IN IT(TP)A NO. 356/BANG/2017, FOR THE ASSESSMENT YEAR 2007-08. PRAYING TO 1 DECIDE THE FOREGOING QUESTION OF LAW - 2 - AND/OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY THE HON'BLE COURT AS DEEMED FIT AND SET ASIDE THE APPELLATE ORDER DATED 14/10/2020 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, 'B' BENCH, BANGALORE, AS SOUGHT FOR, IN THE RESPONDENT-ASSESSEE'S CASE, IN APPEAL PROCEEDINGS IN IT(TP)A NO. 356/BANG/2017 FOR A.Y. 2007-08 (ANNEXURE A) AND GRANT SUCH OTHER RELIEF AS DEEMED FIT, IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR and HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT (PER: HON'BLE MR JUSTICE KRISHNA S DIXIT) Learned counsel appearing for the respondent- assessee has filed a memo dated 28.02.2025, which reads as under: "The Advocate for the Respondent most humbly submits as that the above appeal was filed by the Appellants challenging the order dated 14.10.2020 passed by the Income Tax Appellate Tribunal in IT (TP)A No.356/Bang/2017 for the assessment year 2007-08. It is submitted that the Respondent has resolved the dispute under the provisions of the Direct Tax Vivad Se Vishwas Scheme, 2024 ("the Scheme") and in this regard, the Respondent has filed the relevant declaration in Form-1. Pursuant to the declaration filed by the Respondent, the Income-tax Department has issued Form-2 dated 15.02.2025. A true copy of the Form-2 dated 15.02.2025 is produced herewith and marked as Annexure-A. In terms of the provisions of Section 91(6) of the Finance Act, 2024, once the dispute is settled under the Scheme, the Revenue is required to withdraw the appeal filed by it. In view of the above, it is submitted that the above appeal is liable to be dismissed. Wherefore, it is most humbly prayed that this Hon'ble Court may be pleased to take the memo together with the above annexure on record and dispose of the appeal, in the interests of justice and equity". - 4 - 2. In view of the memo, the appeal is disposed off. If assertion made through the memo is not true, it is open for the appellant/revenue to seek revival of this appeal. Ordered accordingly. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE DH List No.: 1 Sl No.: 3 CT:SNN