CONTROL COMPONENT INDIA PVT LTD V. DEPUTY COMMISSIONER OF

ITA/208/2018

AI Insights

The case involves two income tax appeals filed by Control Component India Pvt. Ltd. against orders passed by the Income Tax Appellate Tribunal for the assessment year 2009-2010. The appeals were filed under Section 260A of the Income Tax Act, 1961, challenging specific orders related to transfer pricing adjustments. The appellant decided to withdraw the appeals, opting to resolve the disputes under the Direct Tax Vivad Se Vishwas Scheme, 2024. This scheme allows taxpayers to settle disputes with the tax department, and the appellant has already filed the necessary declaration and received Form-2 under the Finance (No.2) Act, 2024. The court, acknowledging the appellant's decision and the provisions of the scheme, dismissed the appeals as withdrawn but allowed the possibility of restoration if necessary.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 725776 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 04-02-2025
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961, Finance (No.2) Act, 2024
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: RAVI RAJ
• Assessee Lawyers: MAHIMA GOUD
• Keywords: Direct Tax Vivad Se Vishwas Scheme; Income tax appeal; Withdrawal of appeal
• Section: 260A; 91(3)

Judgement Text

" - 1 - NC: 2025:KHC:4980-DB ITA No. 208 of 2018 C/W ITA No. 207 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T INCOME TAX APPEAL NO.208 OF 2018 C/W INCOME TAX APPEAL NO.207 OF 2018 IN ITA NO.208/2018 BETWEEN: CONTROL COMPONENT INDIA PVT. LTD. SJR PARK, 6TH FLOOR, WARP TOWER PLOT NOS.13-15 EPIP ZONE PHASE I WHITEFIELD MAIN ROAD BENGALURU-560 066 REPRESENTED HEREIN BY ITS MANAGER FINANCE MR. RAVI AGARWAL. …APPELLANT (BY MS.MAHIMA GOUD, ADVOCATE FOR SMT. TANMAYEE RAJKUMAR) AND: 1. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE 11(2) BENGALURU, BMTC BUILDING KORAMANGALA 6TH BLOCK BENGALURU-560 085. 2. PRINCIPAL COMMISSIONER OF INCOME-TAX BENGALURU, BMTC BUILDING KORAMANGALA, 6TH BLOCK BENGALURU-560 085. …RESPONDENTS (BY SRI RAVI RAJ Y. V., ADVOCATE) Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4980-DB ITA No. 208 of 2018 C/W ITA No. 207 of 2018 THIS INCOME TAX APPEAL HAS FILED UNDER SECTION 260A OF THE INCOME TAX ACT, 1961, ARISING OUT OF ORDER DATED 31-10-2017 PASSED IN M.P.NOS.100 AND 101/BANG/2017 IN IT(TP)A NOS.1757/BANG/2013 AND 4/BANG/2014 (ANNEXURE-G); FOR THE ASSESSMENT YEAR 2009-2010. IN ITA NO.207/2018 BETWEEN: CONTROL COMPONENT INDIA PVT. LTD. SJR PARK, 6TH FLOOR, WARP TOWER PLOT NOS.13-15 EPIP ZONE PHASE I WHITEFIELD MAIN ROAD BENGALURU-560 066 REPRESENTED HEREIN BY ITS MANAGER FINANCE MR. RAVI AGARWAL. ...APPELLANT (BY MS.MAHIMA GOUD, ADVOCATE FOR SMT. TANMAYEE RAJKUMAR) AND: 1. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE 11(2) BENGALURU, BMTC BUILDING KORAMANGALA 6TH BLOCK BENGALURU-560 085. 2. PRINCIPAL COMMISSIONER OF INCOME-TAX BENGALURU , BMTC BUILDING KORAMANGALA 6TH BLOCK BENGALURU-560 085. ...RESPONDENTS (BY SRI RAVI RAJ Y. V., ADVOCATE) THIS INCOME TAX APPEAL HAS FILED UNDER SECTION 260A OF THE INCOME TAX ACT, 1961, ARISING OUT OF ORDER DATED 09-11-2016 PASSED IN IT(TP)A NO.4/BANG/2014, FOR THE ASSESSMENT YEAR:2009-2010, VIDE ANNEXURE-E. - 3 - NC: 2025:KHC:4980-DB ITA No. 208 of 2018 C/W ITA No. 207 of 2018 THESE INCOME TAX APPEALS ARE COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) Ms. Mahima Goud, representing Smt. Tanmayee Rajkumar, learned counsel appearing for the appellant and Sri. Ravi Raj Y.V., learned counsel for the respondents in both the appeals, are present before the Court physically. 2. Learned counsel for the appellant has filed two separate memos dated 24.01.2025, seeking permission of the Court to withdraw the appeals. 3. Memo filed in ITA No.208/2018 reads as under: \"The Advocate for the Appellant submits that the above appeal was filed challenging the order dated 31.10.2017 passed by the Income Tax Appellate Tribunal in M.P.Nos.100 and 101/Bang/2017 in IT(TP)A Nos.1757/Bang/2013 and 4/Bang/2014 for the assessment year 2009-10. It is submitted that the Appellant wishes to resolve the dispute under the provisions of the - 4 - NC: 2025:KHC:4980-DB ITA No. 208 of 2018 C/W ITA No. 207 of 2018 Direct Tax Vivad Se Vishwas Scheme, 2024 (\"the Scheme\") and in this regard has filed the relevant declaration. Pursuant to the declaration filed by the Appellant, the Income-tax Department has issued Form-2 under the Finance (No.2) Act, 2024. A true copy of the Form-2 is produced herewith and marked as Annexure-A. In view of the above, and in terms of Section 91(3) of the Finance (No.2) Act, 2024, the Appellant most humbly seeks leave of this Hon'ble Court to withdraw the appeal. It is prayed that liberty may be reserved with the Appellant to seek restoration of the appeal, in the event that the application under the Scheme does not proceed or is not finalized successfully. Wherefore, it is most humbly prayed that this Hon'ble Court may be pleased to permit the Appellant to withdraw above appeal, in the interests of justice and equity. \" 4. Memo filed in ITA No.207/2018 reads as under: \"The Advocate for the Appellant submits that the above appeal was filed challenging the order dated 09.11.2016 passed by the Income Tax Appellate Tribunal in IT(TP)A No.4/Bang/2014 for the assessment year 2009-10. - 5 - NC: 2025:KHC:4980-DB ITA No. 208 of 2018 C/W ITA No. 207 of 2018 It is submitted that the Appellant wishes to resolve the dispute under the provisions of the Direct Tax Vivad Se Vishwas Scheme, 2024 (\"the Scheme\") and in this regard has filed the relevant declaration. Pursuant to the declaration filed by the Appellant, the Income-tax Department has issued Form-2 under the Finance (No.2) Act, 2024. A true copy of the Form-2 is produced herewith and marked as Annexure-A. In view of the above, and in terms of Section 91(3) of the Finance (No.2) Act, 2024, the Appellant most humbly seeks leave of this Hon'ble Court to withdraw the appeal. It is prayed that liberty may be reserved with the Appellant to seek restoration of the appeal, in the event that the application under the Scheme does not proceed or is not finalized successfully. Wherefore, it is most humbly prayed that this Hon'ble Court may be pleased to permit the Appellant to withdraw above appeal, in the interests of justice and equity. \" 5. The said memos are taken on record. - 6 - NC: 2025:KHC:4980-DB ITA No. 208 of 2018 C/W ITA No. 207 of 2018 6. In view of the memos, the appeals are dismissed as withdrawn with the liberty as sought for. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PHM List No.: 3 Sl No.: 1 "