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The Commissioner Of Income Tax vs Texas Instruments India Pvt. Ltd. on 14 March, 2022

Bench: M.R. Shah, B.V. Nagarathna

     ITEM NO.18                    Court 12 (Video Conferencing)            SECTION IV-A
                                   S U P R E M E C O U R T O F      I N D I A
                                           RECORD OF PROCEEDINGS

      Petition(s) for Special Leave to Appeal (C)                   No(s).   3565-3566/2022

     (Arising out of impugned final judgment and order dated 21-04-2021 in ITA
     No. 141/2020 21-04-2021 in ITA No. 151/2020 passed by the High Court Of
     Karnataka At Bengaluru)

     THE COMMISSIONER OF INCOME TAX & ANR.                               Petitioner(s)

                                                     VERSUS

     TEXAS INSTRUMENTS INDIA PVT. LTD.                                   Respondent(s)

     Date : 14-03-2022 These petitions were called on for hearing today.

     CORAM :                 HON'BLE MR. JUSTICE M.R. SHAH
                             HON'BLE MRS. JUSTICE B.V. NAGARATHNA

     For Petitioner(s)                 Mr.   Balbir Singh, ASG
                                       Ms.   Sunita Sharma, Adv.
                                       Mr.   Shyam Gopal, Adv.
                                       Ms.   Chinmayee Chandra, Adv.
                                       Mr.   Siddhanth Kohli, Adv.
                                       Mr.   Adit Khorana, Adv.
                                       Mr.   Raj Bahadur Yadav, AOR
     For Respondent(s)

                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Mr. Balbir Singh, learned ASG, has submitted that the High Court has erred in observing and holding that the amendment of the year 2018 can be said to be curative and/or clarificatory. It is submitted that the High Court has erred in applying the amendment of the year 2018 retrospectively. It is also the case on behalf of the ASG that, being an exemption provision, the same has to be construed strictly and literally.

Issue notice, returnable on 29.04.2022.

Digitally signed by R Natarajan Dasti, in addition, is permitted.

14:51:23 IST Reason:

     (R. NATARAJAN)                                                    (NISHA TRIPATHI)
     ASTT. REGISTRAR-cum-PS                                             BRANCH OFFICER