(B.R. Gavai and Aravind Kumar, JJ.)
Petition(s) for Special Leave to Appeal (C) No(s). 7350/2020, decided on April 11, 2023
Commissioner of Income Tax (IT 4) ____________________ Petitioner;
v.
Siemens Nixdorf Information Systemse GMBH _________ Respondent.
Petition(s) for Special Leave to Appeal (C) No(s). 7350/2020 and ITA No. 1366/2017
The Order of the court was delivered by
Order
1. The matter has been called out twice, but on both occasions, none appears for the petitioner.
2. Apart from that, we do not find any merit in the special leave petition. The learned Income Tax Appellate Tribunal (for short, ‘Tribunal’) has given strong reasons for holding that the concerned transaction would come in the meaning of Section 2(14) of the Income Tax Act.
3. The said findings of the Tribunal has been found to be correct in law by the Division Bench of the High Court.
4. In any case, the interpretation given by the Tribunal as well as the High Court is only with regard to a particular transaction. As such, we are not inclined to interfere with the impugned order under the extra ordinary jurisdiction of Article 136 of the Constitution of India.
5. The special leave petition is accordingly dismissed.
6. Pending application(s), if any, shall also stand disposed of.
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