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Karnataka High Court

The Pr. Commissioner vs M/S Google India Pvt Ltd on 8 October, 2025

Author: B M Shyam Prasad

Bench: B M Shyam Prasad

                                                -1-
                                                       NC: 2025:KHC:39640-DB
                                                         ITA No. 136 of 2024


                    HC-KAR




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 8TH DAY OF OCTOBER, 2025

                                       PRESENT
                   THE HON'BLE MR. JUSTICE B M SHYAM PRASAD
                                         AND
                          THE HON'BLE MR. JUSTICE T.M.NADAF
                           INCOME TAX APPEAL NO. 136 OF 2024


                   BETWEEN:

                   1.    THE PR. COMMISSIONER
                         OF INCOME TAX -3
                         BANGALORE

                   2.    THE JOINT COMMISSIONER
                         OF INCOME TAX
                         SPECIAL RANGE-3
Digitally signed         BENGALURU
by
MADHUSHREE
H
Location: High                                         ...APPELLANTS
Court of
Karnataka          (BY SRI. E.I. SANMATHI, ADVOCATE)


                   AND:

                   M/S GOOGLE INDIA PVT LTD.,
                   NO.3, RMZ INFINITY TOWER-E,
                   4th FLOOR,
                   OLD MADRAS ROAD,
                   BANGALROE 560016
                              -2-
                                        NC: 2025:KHC:39640-DB
                                            ITA No. 136 of 2024


HC-KAR



PAN AACCG5027D


                                        ...RESPONDENT
(BY SRI. ANMOL ANAND, ADVOCATE FOR

    SRI. MRINAL SHANKAR, ADVOCATE)

     THIS ITA / Income Tax Appeal IS FILED
UNDER SEC.260-A OF INCOME TAX ACT 1961,
ARISING    OUT     OF   ORDER      DATED     31-10-2023
PASSED IN M.P.NO.201/BANG/2023 FOR A.Y. 2015-
16 (ANNEUXRE-A)         FOR THE ASSESSMENT YEAR
2015-16.                           PRAYING THAT THIS
HONBLE           COURT             BE           PLEASED
A)DECIDE THE FOREGOING QUESTION OF LAW
AND / OR SUCH OTHER QUESTIONS OF LAW AS
MAYBE FORMULATED BY THE HONBLE COURT AS
DEEMED FIT AND SET ASIDE THE APPELLATE
ORDER      DATED    31.10.2023      PASSED      BY   THE
INCOME TAX APPELLATE TRIBUNAL, C BENCH,
BANGALORE,       AS      SOUGHT      FOR,       IN   THE
RESPONDENT-ASSESSEES            CASE,      IN    APPEAL
PROCEEDINGS IN M.P.NO.,201/BANG/20213 FOR
A.Y.2015-16(ANNEXURE-A)

     THIS APPEAL, COMING ON FOR ADMISSION,

THIS DAY, JUDGMENT WAS DELIVERED THEREIN

AS UNDER:
                                -3-
                                         NC: 2025:KHC:39640-DB
                                            ITA No. 136 of 2024


HC-KAR




CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
       and
       HON'BLE MR. JUSTICE T.M.NADAF


                  ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) The Revenue is in appeal as against the order dated 31.10.2023 in M.P.No.201/Bang/2023 (in IT(TP)A No.2301/Bang/2019) on the file of the Income Tax Appellate Tribunal "C" Bench, Bengaluru [for short, 'the Tribunal']. This order is relevant to the Assessment Year 2015-16 and is based on the Tribunal's orders in the assessee's sister concern which are relevant to the Assessment Years 2010-11 and 2012-13.

The Tribunal's order relevant to these years in IT(IT)A No.167/Bang/2021 and IT(IT)A No.688/Bang/2022 are called in question before this Court in ITA No.653/2023 c/w ITA No.657/2023, and this Court has disposed of these appeals observing that the proposed substantial questions of -4- NC: 2025:KHC:39640-DB ITA No. 136 of 2024 HC-KAR law are answered by a Co-ordinate Bench of this Court in the Deputy Commissioner of Income Tax (International Taxation) Vs. Flipkart Internet (P) Ltd. reported in (2025) 171 Taxmann.com 693 (Karnataka).

Mr. E.I. Sanmathi, the learned Senior standing counsel for the Revenue, and Mr. Anmol Anand, the learned counsel who appears for the respondent, are heard. The appeal stands disposed of in the light of the afore.

Sd/-

(B M SHYAM PRASAD) JUDGE Sd/-

(T.M.NADAF) JUDGE RB