Ita/96/2020 Of The Principal Commissioner Of Income Tax-4 v. M/S Microchip Technologies (India) Pvt Ltd

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8 DAY OF JULY, 2021 PRESENT THE HON’BLE MR. JUSTICE SATISH CHANDRA SHARMA AND THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY I.T.A. NO.96/2020 BETWEEN: 1. THE PRINCIPAL COMMISSIONER OF INCOME-TAX-4, BMTC COMPLEX KORMANGALA, BENGALURU KORMANGALA, BENGALURU 2. THE DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-12(1), 14/3, 4 FLOOR, RASTROTHANA BHAVAN, (OPP. RBI), BENGALURU BENGALURU .... APPELLANTS (BY SRI. SANMATHI .E.I, ADVOCATE) AND: M/S. MICROCHIP TECHNOLOGIES (INDIA) PVT LTD. NO.149-B, EPIP I PHASE INDUSTRIAL AREA, WHITEFIELD BENGALURU-560 066 PAN NO. AABCM 9868J (BY SRI. SURYANARAYANA .T, ADVOCATE) ... RESPONDENT THIS I.T.A. IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, PRAYING TO SET ASIDE THE APPELLATE ORDER DATED: 28.09.2019 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, ‘B’ BENCH, BANGALORE, IN APPEAL PROCEEDINGS IN I.T.(TP)A.NO.187(BANG)2014 (ANNEXURE-‘A’) FOR THE ASSESSMENT YEAR 2009-10 AS SOUGHT FOR IN THIS APPEAL; AND TO GRANT SUCH OTHER RELIEF AS DEEMED FIT. THIS I.T.A. COMING ON FOR ORDERS THIS DAY, NATARAJ RANGASWAMY J., DELIVERED THE FOLLOWING: JUDGMENT Learned counsel for the appellants submits that the questions of law which are proposed do not arise for consideration from out of the order, which is impugned in this appeal. Learned counsel seeks liberty to urge these questions of law in ITA No.212/2021. In that view of the matter, this appeal is disposed of holding that the proposed questions of law do not arise for consideration in this appeal. However, liberty is reserved to the revenue to urge these questions of law in the subsequent appeal filed in ITA No.212/2021. Sd/- JUDGE Sd/- JUDGE KGR*