THE PR. COMMISSIONER OF INCOME TAX, V. M/S WATERS (INDIA) PVT. LTD.,

ITA/173/2023

AI Insights

The case involves two income tax appeals (ITA No. 173 of 2023 and ITA No. 172 of 2023) filed by the Principal Commissioner of Income Tax and the Deputy Commissioner of Income Tax against M/s. Waters (India) Pvt. Ltd. The appeals were filed under Section 260-A of the Income Tax Act, 1961, challenging the orders passed by the Income-Tax Appellate Tribunal, Bengaluru, for the assessment years 2010-2011 and 2011-2012. The appellants sought to set aside the tribunal's orders and confirm the orders passed by the Deputy Commissioner of Income Tax. During the proceedings, a memo was filed by the appellants requesting the court to consider a rectification order, which led to the disposal of the appeals.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 719259 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 15-07-2024
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Partly Allowed
• Court: HIGH COURT
• Department Lawyers: K R VASUDEVAN
• Assessee Lawyers: Y V RAVIRAJ; DILIP
• Keywords: Income tax appeal; Rectification Order; Substantial questions of law
• Section: 154; 155(18); 260-A

Judgement Text

" - 1 - NC: 2024:KHC:27140-DB ITA No. 173 of 2023 C/W ITA No. 172 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2024 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR INCOME TAX APPEAL NO. 173 OF 2023 C/W INCOME TAX APPEAL NO. 172 OF 2023 IN ITA NO. 173/2023: BETWEEN: 1. THE PR. COMMISSIONER OF INCOME TAX, 5TH FLOOR, BMTC BUILDING, 80 FEET ROAD, KORMANGALA, BENGALURU - 560 095. 2. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 12(5), PRESENT ADDRESS DCIT, CIRCLE-7(1)(1), 2ND FLOOR, BMTC BUILDING, 80 FEET ROAD, KORMANGALA, BENGALURU - 560 095. …APPELLANTS (BY SRI. Y.V. RAVIRAJ, STANDING COUNSEL A/W SRI. DILIP M, ADVOCATE) AND: M/S. WATERS (INDIA) PVT. LTD., NO.36A, 2ND PHASE, PEENYA INDUSTRIAL AREA, BENGALURU - 560 058, PAN: AAACW 1411C. …RESPONDENT (BY SRI. K.R. VASUDEVAN, ADVOCATE) Digitally signed by SHAKAMBARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:27140-DB ITA No. 173 of 2023 C/W ITA No. 172 of 2023 THIS INCOME TAX APPEAL IS FILED UNDER SEC.260-A OF THE INCOME TAX ACT, 1961, PRAYING TO I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE AND ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU IN IT(TP)A NO.2617/BANG/2019 DATED 01/10/2021 FOR ASSESSMENT YEAR 2011-2012 ANNEXURE-D AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BENGALURU. IN ITA NO. 172/2023: BETWEEN: 1. THE PR. COMMISSIONER OF INCOME TAX, 5TH FLOOR, BMTC BUILDING, 80 FEET ROAD, KORMANGALA, BENGALURU - 560 095. 2. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 12(5), PRESENT ADDRESS DCIT, CIRCLE-7(1)(1), 2ND FLOOR, BMTC BUILDING, 80 FEET ROAD, KORMANGALA, BENGALURU - 560 095. …APPELLANTS (BY SRI. Y.V. RAVIRAJ, STANDING COUNSEL A/W SRI. DILIP M, ADVOCATE) AND: M/S. WATERS (INDIA) PVT. LTD., NO.36A, 2ND PHASE, PEENYA INDUSTRIAL AREA, BENGALURU - 560 058, PAN: AAACW 1411C. …RESPONDENT (BY SRI. K.R. VASUDEVAN, ADVOCATE) THIS INCOME TAX APPEAL IS FILED UNDER SEC.260-A OF THE INCOME TAX ACT, 1961, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE AND - 3 - NC: 2024:KHC:27140-DB ITA No. 173 of 2023 C/W ITA No. 172 of 2023 ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU IN IT(TP)A NO.2616/BANG/2019 DATED 01/10/2021 FOR ASSESSMENT YEAR 2010-2011 ANNEXURE-D AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BENGALURU. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGEMENT A memo has been filed by the appellants herein in both the appeals requesting the Court to dispose off the same in terms of the Memo dated 04.04.2024 which reads as under: \"The appellant in the above matter respectfully seeks leave of the Hon'ble Court to produce the rectification order under Section 154 r.w.s. 155(18) of the Act. This memo along with the enclosed copy of the order passed by the assessing officer may kindly be taken on record in the interest of justice and equity.\" 2. Learned Counsel appearing for the respondent- assessee does not have objection to dispose of these appeals, Rectification Orders. In view of the above, these appeals are accordingly disposed off. However, the questions of law framed in - 4 - NC: 2024:KHC:27140-DB ITA No. 173 of 2023 C/W ITA No. 172 of 2023 the appeal are kept open for being considered in an appropriate case. Costs made easy. Sd/- JUDGE Sd/- JUDGE YN List No.: 1 Sl No.: 3 "