IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 21ST DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD INCOME TAX APPEAL NO.114 OF 2018 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-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 SYSTEMS PRIVATE LIMITED, SURVEY NO.34 OF 1, BAGMANE DEVELOPERS PRIVATE LIMITED, 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 INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF THE INCOME-TAX ACT 1961, ARISING OUT OF ORDER DATED 13.09.2017 PASSED IN M.P.NO. 123/BANG/2017 (IN IT(TP)A NO.331/BANG/2015), FOR THE ASSESSMENT YEAR 2010-2011 VIDE ANNEXURE-‘D’ PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE; ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU IN M.P.NO. 123/BANG/2017 (IN IT(TP)A NO. 331/BANG/2015) DATED 13.09.2017 VIDE ANNEXURE-‘D’ CONFIRMING THE ORDER OF THE DRP AND CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 1(1)(2), BENGALURU AND TO PASS SUCH OTHER SUITABLE ORDERS AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
***** THIS INCOME TAX APPEAL COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT In view of the memo filed in the Court today, the appeal is dismissed as withdrawn.
Liberty is granted to the appellants to pursue such remedies as available in law.
Pending I.A.s stands rejected.
Sd/- Sd/-
JUDGE JUDGE JJ