Google India Private Limited vs The Deputy Commissioner Of Income Tax on 30 July, 2014

[Cites 2, Cited by 1]

Karnataka High Court

Google India Private Limited vs The Deputy Commissioner Of Income Tax on 30 July, 2014

Bench: B. V. Nagarathna

                                             W.P.16431/14
                          -1-




IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        DATED THIS THE 30TH DAY OF JULY 2014

                        BEFORE

     THE HON'BLE MRS. JUSTICE B. V. NAGARATHNA


       WRIT PETITION NO. 16431 OF 2014 (T-IT)

BETWEEN:

GOOGLE INDIA PRIVATE LIMITED
A COMPANY REGISTERED UNDER
THE COMPANIES ACT, 1956
NO.3, RMZ INFINITY TOWER-E
4TH FLOOR, OLD MADRAS ROAD
BANGALORE-560016
REPRESENTED HEREIN BY ITS
CORPORATE COUNSEL
MR THIRUMALESH GANGAPPA
                                           ... PETITIONER

(BY SRI. SURYANARAYANA T, ADV.)

AND

1.    THE DEPUTY COMMISSIONER OF INCOME TAX
      CIRCLE 11(3), 14/3
      5TH FLOOR, R P BHAVAN
      NRUPATHUNGA ROAD
      BANGALORE-560001

2.    THE COMMISSIONER OF INCOME TAX-I
      14/3, 5TH FLOOR
      R.P. BHAVAN, NRUPATHUNGA ROAD
      BANGALORE-560001
                                         ... RESPONDENTS
                                                W.P.16431/14
                          -2-



      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDERS DT.24.3.2014 (ANNX-L) AND 25.3.2014 (ANNX-R)
PASSED BY THE     R-1 WITHDRAWING HIS EARLIER LETTER
DT.3.3.2014 AND REJECTING THE PETITIONER'S APPLICATION
FOR STAY OF THE OUTSTANDING PENALTY DEMAND RAISED
IN RESPECT OF THE ASSESSMENT YEAR 2009-10 VIDE NOTICE
OF DEMAND DT.25.2.2014; RESTRAIN THE RESPONDENTS
FROM INITIATING ANY ACTION FOR RECOVERY OF
OUTSTANDING DEMANDS IN PURSUANCE OF THE NOTICE OF
DEMAND DT.25.2.2014 (ANNX-H) ISSUED U/S 156 OF THE
INCOME-TAX ACT, 1961 IN RESPECT OF THE ASSESSMENT
YEAR 2009-10 TILL THE DISPOSAL OF THE APPEAL FILED BY
THE PETITIONER BEFORE THE CIT(A); AND ETC.

      THIS WRIT PETITION IS COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:


                       ORDER

Petitioner's counsel has filed a memo seeking permission to withdraw the present petition, with liberty to initiate fresh proceedings, in the event any adverse action is taken by the respondent-authority.

2. Memo is taken on record.

3. Learned counsel for the petitioner states that the 1st respondent has granted stay with regard to recovery of balance penalty, till 30/9/2014 or till W.P.16431/14 -3- disposal of the appeal, whichever is earlier. In the circumstances, petitioner's counsel states that, for the present, the writ petition may be dismissed as withdrawn, reserving liberty to file a fresh petition in case the appeal does not get concluded by 30/9/2014.

4. Submissions of the learned counsel is placed on record. In the circumstances, the writ petition is dismissed as withdrawn, reserving liberty to the petitioner to file a fresh writ petition, in case the appeal pending before the 1st respondent, is not disposed of by 30/9/2014 or the order of stay is not extended by that authority.

Sd/-

JUDGE Rd/-

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Karnataka High Court