Intel Technology India P. Ltd. v. Commissioner of Income-tax, International Taxation, Bangalore & Anr
[Citation -2020-LL-0219-113]

Citation 2020-LL-0219-113
Appellant Name Intel Technology India P. Ltd.
Respondent Name Commissioner of Income-tax, International Taxation, Bangalore & Anr.
Court SUPREME COURT
Relevant Act Income-tax
Date of Order 19/02/2020
Judgment View Judgment
Keyword Tags payment of royalty
Bot Summary: The High Court vide impugned judgment answered the question formulated against the assessee relying on the decision in Commissioner of Income Tax and Anr. It is not in dispute that the said decision has been considered in the subsequent decision in G.E. India Technology Centre Pvt. Ltd. Vs. Commissioner of Income Tax and Anr. Reported in 2010 327 ITR 456, and the Signature Not Verified court held that the question of payment of royalty ought Digitally signed by DEEPAK SINGH Date: 2020.02.27 13:15:35 IST Reason: to be determined by the High Court on merits and for that reason, it relegated the parties before the High Court. 2 The same reasons would apply to the present case, as the High Court has not answered the question of payment of royalty on merits. Accordingly, we set aside the impugned judgment and order and relegate the parties before the High Court by restoring the concerned appeal to its original number, to be decided expeditiously on its own merits and in accordance with law. Mr. B. V. Balaram Das, AOR UPON hearing the counsel the Court made the following ORDER The Civil Appeals are disposed of in terms of the signed order. COURT MASTER COURT MASTER Signed order is placed on the file 4..


1 IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 1206-1207 OF 2011 INTEL TECHNOLOGY INDIA P.LTD, BANGALORE Appellant(s) VERSUS COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION, BANGALORE & ANR. Respondent(s) WITH CIVIL APPEAL NOS. 1208-1211 OF 2011 ORDER Heard learned counsel for parties. High Court vide impugned judgment answered question formulated against assessee relying on decision in Commissioner of Income Tax and Anr. Vs. Samsung Electronics Co. Ltd. reported in [2010] 320 ITR 209 (Karn). It is not in dispute that said decision has been considered in subsequent decision in G.E. India Technology Centre Pvt. Ltd. Vs. Commissioner of Income Tax and Anr. reported in [2010] 327 ITR 456 (SC), and Signature Not Verified court held that question of payment of royalty ought Digitally signed by DEEPAK SINGH Date: 2020.02.27 13:15:35 IST Reason: to be determined by High Court on merits and for that reason, it relegated parties before High Court. 2 same reasons would apply to present case, as High Court has not answered question of payment of royalty on merits. Accordingly, we set aside impugned judgment and order and relegate parties before High Court by restoring concerned appeal to its original number, to be decided expeditiously on its own merits and in accordance with law. appeals are disposed of in above terms. Pending applications, if any, stand disposed of. J (A.M. KHANWILKAR) J (VINEET SARAN) J (DINESH MAHESHWARI) New Delhi February 19, 2020 3 ITEM NO.103 COURT NO.7 SECTION IV-A SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Civil Appeal No(s). 1206-1207/2011 INTEL TECHNOLOGY INDIA P.LTD, BANGALORE Appellant(s) VERSUS COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION, BANGALORE & ANR. Respondent(s) WITH C.A. No. 1208-1211/2011 (IV-A) Date : 19-02-2020 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE DINESH MAHESHWARI For Appellant(s) Mr. Satyen Sethi, Adv. Mr. Arta Trana Panda, Adv. Ms. Gargi Sethee, Adv. Mr. Rameshwar Prasad Goyal, AOR For Respondent(s) Mr. Rupesh Kumar, Adv. Mr. B.K. Satija, Adv. Mr. Shreyash Bhardwaj, Adv. Mrs. Anil Katiyar, Adv. Mr. B. V. Balaram Das, AOR UPON hearing counsel Court made following ORDER Civil Appeals are disposed of in terms of signed order. Pending applications, if any, stand disposed of. (DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH) [Signed order is placed on file] 4 Intel Technology India P. Ltd. v. Commissioner of Income-tax, International Taxation, Bangalore & Anr
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