The Commissioner of Income-tax, Bangalore / The Deputy Commissioner of Income-tax, Circle-1(1), Pune / The Dy Commissioner of Income-tax, Circle-11(3), Bangalore v. Ge Medical Systems (I) Pvt. Ltd
[Citation -2020-LL-1118-32]

Citation 2020-LL-1118-32
Appellant Name The Commissioner of Income-tax, Bangalore / The Deputy Commissioner of Income-tax, Circle-1(1), Pune / The Dy Commissioner of Income-tax, Circle-11(3), Bangalore
Respondent Name Ge Medical Systems (I) Pvt. Ltd.
Court HIGH COURT OF KARNATAKA
Relevant Act Income-tax
Date of Order 18/11/2020
Assessment Year 2002-03
Judgment View Judgment
Keyword Tags voluntary retirement • expenditure incurred • compensation


1 IN HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS 18TH DAY OF NOVEMBER 2020 PRESENT HON BLE MR. JUSTICE ALOK ARADHE AND HON BLE MR. JUSTICE H.T.NARENDRA PRASAD I.T.A. NO.409 OF 2012 BETWEEN: 1. COMMISSIONER OF INCOME-TAX C.R. BUILDING, QUEENS ROAD BANGALORE. 2. DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-1(1), PUNE. 3. DY. COMMISSIONER OF INCOME-TAX CIRCLE-11(3), BANGALORE. ... APPELLANTS (BY SRI. K.V. ARAVIND, ADV.,) AND: M/S. GE MEDICAL SYSTEMS (I) (P) LTD., NO.122, (PART-1), EPIP WHITE FIELD ROAD, BANGALORE-560066. ... RESPONDENT (BY SRI. PERCY PARDIWALA, SR. COUNSEL FOR SRI. PAI DHUNGAL ANKUR, ADV.) --- THIS ITA IS FILED UNDER SECTION 260-A OF I.T. ACT, 1961 ARISING OUT OF ORDER DATED 13.07.2012 PASSED IN ITA NO.770/BANG/2010 FOR ASSESSMENT YEAR 2002-03, PRAYING TO: 2 (I) FORMULATE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN. (II) ALLOW APPEAL AND SET ASIDE ORDERS PASSED BY ITAT, BANGALORE INITA NO.770/BANG/2010 DATED 13-07-2012 CONFIRMING ORDER OF APPELLATE COMMISSIONER AND CONFIRM ORDER PASSED BY DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1), PUNE, IN INTEREST OF JUSTICE AND EQUITY. THIS ITA COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED FOLLOWING: JUDGMENT This appeal under Section 260A of Income Tax Act, 1961 (hereinafter referred to as Act for short) has been preferred by revenue. subject matter of appeal pertains to Assessment year 2002-03. appeal was admitted by bench of this Court vide order dated 21.02.2013 on following substantial questions of law: (i) Whether Appellate Authorities were correct in holding that assessee is entitled to claim deduction in respect of expenditure incurred toward payment of voluntary retirement compensation of employees taken over from M/s. Elpro International when same was not incurred 3 solely and exclusively for purpose of business. (ii) Whether Appellate Authorities were correct in failing to take into consideration that business of M/s. Elpro International continue and taking over of employees eligible for voluntary retirement was device to avoid tax and recorded perverse finding. 2. For reasons assigned by us in judgment passed today in I.T.A.No.410/2012 substantial questions of law framed by bench of this court are answered against revenue and in favour of assessee. In result, we do not find any merit in this appeal, same fails and is hereby dismissed. Sd/- JUDGE Sd/- JUDGE ss Commissioner of Income-tax, Bangalore / Deputy Commissioner of Income-tax, Circle-1(1), Pune / Dy Commissioner of Income-tax, Circle-11(3), Bangalore v. Ge Medical Systems (I) Pvt. Ltd
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