Supreme Court - Daily Orders
Pr. Commissioner Of Income Tax Vi vs M/S Subex Ltd. on 8 May, 2023
Bench: M.R. Shah, C.T. Ravikumar
1
ITEM NO.39 COURT NO.4 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). 22156/2022
(Arising out of impugned final judgment and order dated 01-10-2021
in ITA No. 492/2016 passed by the High Court Of Karnataka At
Bengaluru)
PR. COMMISSIONER OF INCOME TAX VI & ANR. Petitioner(s)
VERSUS
M/S SUBEX LTD. Respondent(s)
(FOR ADMISSION and I.R.)
Date : 08-05-2023 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE M.R. SHAH
HON'BLE MR. JUSTICE C.T. RAVIKUMAR
For Petitioner(s) Mr. N Venkataraman, A.S.G.
Mr. Arijit Prasad, Sr. Adv.
Ms. Shruti Agarawal, Adv.
Mr. Akshit Pradhan, Adv.
Mr. Annirudh Sharma II, Adv.
Mr. Vijaynand Tripathi, Adv.
Mr. Vivasvan Gautam, Adv.
Mr. Raj Bahadur Yadav, AOR
For Respondent(s) Mr. K. K. Chythanya, Sr. Adv.
Mr. Tata Krishna, Adv.
Mr. S. Sukumaran, Adv.
Mr. Anand Sukumar, AOR
Mr. Vipul Kamath, Adv.
Mr. Bhupesh Kumar Pathak, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The issue involved in the present Special Leave Petition is with respect to the transfer pricing. By passing the impugned judgment and order, the High Court has relied upon its earlier Signature Not Verified Digitally signed by R Natarajan Date: 2023.05.09 decision in the case of Principal Commissioner of Income Tax and 16:38:43 IST Reason:
Another vs. M/s Softbrands India Pvt. Ltd.,[ITA Nos. 536/2015 C/w. 537/2015 dated 25.06.2018] 2 At the outset, it is required to be noted that the decision of the Karnataka High Court in the case of Softbrands India Pvt. Ltd., (supra) fell for consideration before this Court in the recent decision of this Court in the case of SAP Labs India Private Limited vs. Income Tax Officer, Circle 6, Bangalore 2023 SCC OnLine SC 449 [C.A. No. 8463/2022 and other allied Appeals decided on 19.04.2023]. Therefore, in view of the aforesaid decision in the case of Sap Labs India Private Limited (supra), the matter is now required to be remitted back to the High Court to decide the Appeal afresh in accordance with law and on its own merits and in light of the observations made by this Court in the case of Sap Labs India Private Limited (supra).
In that view of the matter, the impugned judgment and order passed by the High Court insofar as it relates to transfer pricing is hereby quashed and set aside. The matter is remanded back to the High Court to consider the issues/questions with respect to transfer pricing afresh in accordance with law and in light of the observations made by this Court in Sap Labs India Private Limited (supra).
The present Special Leave Petition stands disposed of in terms of the above.
(R. NATARAJAN) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR