SRI.B. RAVI KALYAN REDDY vs. THE DEPUTY COMMISSIONER OF INCOME TAX,

ITA/100014/2019HC KarnatakaKAHC02014178201916 January 2024Bench: S G PANDIT,K V ARAVIND2 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court did not decide on the merits of the appeal. Instead, the learned counsel for the appellant filed a memo dated 16.1.2024 seeking leave to withdraw the appeal. The memo also requested liberty to revive the appeal if the need arose in the future. The Court accepted the memo and placed it on record. Consequently, the appeal was dismissed as withdrawn, with the liberty to revive as sought by the appellant. No substantial questions of law were formulated or answered, and no findings of the ITAT were set aside or upheld.

What were the facts?

The appellant, Sri. B. Ravi Kalyan Reddy, Director of M/s. R.K. Mining Pvt. Ltd., filed an appeal before the High Court of Karnataka, Dharwad Bench. The appeal was against the common order passed by the Income-Tax Appellate Tribunal (ITAT), Bengaluru 'C' Bench, in ITA Nos. 587-590/BANG/2015. This order pertained to assessment years 2007-08, 2008-09, 2009-10, and 2010-11. The appellant sought to set aside the ITAT's findings to the extent they were against him. The respondent in the appeal was the Deputy Commissioner of Income Tax, Central Circle 1(3), Bengaluru. The appeal was filed under Section 260A of the Income-Tax Act, 1961.

What were the issues?

The primary issue was whether the High Court should formulate substantial questions of law and answer them in favour of the appellant, thereby setting aside the ITAT's order. The appellant sought to challenge the findings of the ITAT concerning the assessment years 2007-08 to 2010-11. The specific grounds of appeal and the arguments presented by both the appellant and the revenue are not detailed in the provided judgment excerpt. The judgment only records the appellant's counsel filing a memo to withdraw the appeal.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

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NC: 2024:KHC-D:841-DB ITA No. 100014 of 2019

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JANUARY, 2024 PRESENT THE HON'BLE MR JUSTICE S G PANDIT AND THE HON'BLE MR JUSTICE K V ARAVIND INCOME TAX APPEAL NO. 100014 OF 2019 BETWEEN: SRI. B. RAVI KALYAN REDDY DIRECTOR NI M/S. R.K. MINING PVT. LTD., (AS AN AGRIEVED PERSON, IN RESPECT OF THE ASSESSMENT MADE ON M/S. ASSOCIATED MINING COMPANY), OPP. KOLLAPUR MAHALAKSHMI TEMPLE, VIDYANAGAR, BALLARI-583104. …APPELLANT (BY SRI. SHASHANK S. HEGDE AND SRI. S. ANNAMALAI, ADVOCATES)

AND: THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(3), CENTRAL REVENUE BUILDING, QUEENS ROAD, BENGALURU-560001. …RESPONDENT

THIS ITA IS FILED U/SEC.260A OF THE INCOME-TAX ACT, 1961, PRAYING TO: a. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT. b. ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE COMMON ORDER PASSED BY THE INCOME-TAX APPELLANT TRIBUNAL, BENGALURU 'C' BENCH IN ITA NOS.587-590/BANG/2015 DATED 03/06/2019 FOR THE ASSESSMENT YEARS 2007-08, 2008- 09, 2009-10 AND 2010-11 VIDE ANNEXURE-A.

THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, S G PANDIT J., PASSED THE FOLLOWING:

K M SOMASHEKAR Digitally signed by K M SOMASHEKAR Date: 2024.01.16 14:46:19 +0530

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NC: 2024:KHC-D:841-DB ITA No. 100014 of 2019

ORDER

Learned counsel for the appellant Sri. Shashank Hegde files a memo dated 16.1.2024 seeking leave to withdraw the appeal with liberty to revive the same in case need arises.

Memo is placed on record. Appeal stands dismissed as withdrawn with liberty as sought.

Sd/- JUDGE

JTR List No.: 1 Sl No.: 9

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