Allowed

Ibm Singapore Pte Ltd. v. the Assistant Commissioner of Income Tax

Karnataka HC8 Sept 2021ITA/301/2019

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of an income tax appeal filed under Section 260-A of the Income Tax Act 1961. The court held that the substantial questions of law were squarely covered by a recent Supreme Court ruling and answered them in favour of the assessee, allowing the appeal.

What did the court decide?

The appeal is allowed; substantial questions of law are answered in favour of the assessee; impugned order set aside.

Ibm Singapore Pte Ltd. Vs the Assistant Commissioner of Income… — Income Tax | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF SEPTEMBER, 2021

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PRESENT

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THE HON’BLE MRS.JUSTICE S.SUJATHA

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AND

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THE HON’BLE MR. JUSTICE RAVI V. HOSMANI

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I.T.A.No.301/2019

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BETWEEN :

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IBM SINGAPORE PTE. LTD. C/O. IBM INDIA PVT. LTD. NO. 12, SUBRAMANYA ARCADE BANNERGHATTA MAIN ROAD BANGALORE - 560 029 REPRESENTED BY ITS AUTHORISED SIGNATORY MRS. SUBHASHREE SRIDHARAN.

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...APPELLANT

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(BY SRI ANKUR PAI DHUNGAT., ADV.)

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AND :

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1 . THE ASSISTANT COMMISSIONER

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OF INCOME TAX (INTERNATIONAL TAXATION) CIRCLE 1(1) BANGALORE ROOM NO.441, 4TH FLOOR BMTC BUILDING 80 FT. ROAD, KORAMANGALA VI BLOCK BANGALORE-560095.

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2 . THE COMMISSIONER OF INCOME TAX (INTERNATIIONAL TAXATION)

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BANGALORE BMTC BUILDING 80 FT. ROAD, KORAMANGALA 6^TH BLOCK BANGALORE-560095. …RESPONDENTS

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(BY SRI K.V.ARAVIND, ADV.)

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THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 19.12.2018 PASSED IN M.P.NOS.349 TO 351/Bang/2017 IT(IT)A NOS.2038 TO 2040/BANG/2017 FOR AY 2006-2007 TO 2008-2009, PRAYING THIS HON'BLE COURT TO 1) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. 2) ALLOW THE APPEAL AND SET ASIDE THE IMPUGNED ORDER DT. 19.12.2018 PASSED IN M.P.NOS.349 TO 351/Bang/2017 IT(IT)A NOS.2038 TO 2040/BANG/2017 FOR AY 2006-2007 TO 2008-2009 (ANNEXURE-E) TO THE EXTENT QUESTIONED HEREIN, AND ETC.

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THIS APPEAL COMING ON FOR HEARING, THIS DAY, S. SUJATHA, J ., DELIVERED THE FOLLOWING:

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J U D G M E N T

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Learned counsel for the appellant - assessee submits that the substantial questions of law raised herein are squarely covered by the ruling of the Hon’ble Apex Court in the case of Engineering Analysis Centre

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of Excellence Private Limited vs. The Commissioner of Income Tax and another reported in (2021) 432 ITR 471 (SC).

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