IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 28TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD ITA NO.115 OF 2018 BETWEEN:
1. THE PR. COMMISSIONER OF INCOME TAX CIT(A), 5TH FLOOR, BMTC BUILDING 80 FEET ROAD, KORMANGALA BENGALURU - 560 095.
2. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1(1)(2), 2ND FLOOR, BMTC BUILDING 80 FEET ROAD, KORMANGALA BENGALURU - 560 095.
... APPELLANTS (BY SRI. ARAVIND K.V., ADVOCATE) AND:
M/S. BROCADE COMMUNICATIONS SYSTEM PVT. LTD., SURVEY NO.34/1 BAGMANE DEVELOPERS PVT. LTD., SEZ, 4TH FLOOR, BUILDING ‘AMBER’ BAGMANE WORLD TECHNOLOGY CENTRE, SEZ K.R. PURAM HOBLI, BENGALURU – 560 037 PAN:AACCB 4490N.
... RESPONDENT (BY SMT. MANASA ANANTHAN, ADVOCATE FOR SRI. T. SURYANARAYANA, ADVOCATE) THIS APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED:13.09.2017 PASSED IN M.P.NO.124/BANG/2017 (IN IT(TP)A NO.167/BANG/2015), FOR THE ASSESSMENT YEAR 2010-2011, PRAYING THIS HON'BLE COURT TO 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 M.P.NO.124/BANG/2017 (IN IT(TP)A NO.167/BANG/2015) DATED:13.09.2017 VIDE ANNEXURE-D CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2), BENGALURU AND ETC.
THIS APPEAL COMING ON FOR FURTHER ORDER THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT In view of the memo filed in Court today, the appeal is dismissed as withdrawn with liberty to the appellants to file a writ petition in accordance with law.
SD/- SD/-
JUDGE JUDGE nv