THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. M/S. VIMAL BUILDERS and DEVELOPERS

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ITA/100124/2015HC KarnatakaKAHC02009378201516 December 2015Bench: S.ABDUL NAZEER,P.S.DINESH KUMAR2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court noted the submission of the learned counsel appearing for the appellants (revenue) that he did not press the appeal in view of Circular No. 21/2015 dated 10.12.2015. The Court placed this submission on record. Consequently, the appeal was dismissed as withdrawn. No costs were awarded. The judgment does not delve into the merits of the original ITAT order or any specific findings related to the income tax assessment. The operative direction was solely to dismiss the appeal as withdrawn.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax and the Income Tax Officer against an order passed by the Income Tax Appellate Tribunal, Panaji Bench. The respondent is M/s. Vimal Builders & Developers. The assessment year(s) are not specified in the provided text. The appeal challenges the order of the ITAT in ITA No. 276/PNJ/2014, dated 12.03.2015. The procedural history involves the filing of this appeal under Section 260A of the Income Tax Act, 1961, before the High Court of Karnataka, Dharwad Bench.

What were the issues?

The primary issue before the High Court was whether to entertain the appeal filed by the revenue against the order of the Income Tax Appellate Tribunal. The revenue, represented by its counsel, submitted that it did not wish to press the appeal. This submission was made in view of Circular No. 21/2015 dated 10.12.2015. The judgment does not record any specific arguments from the respondent (assessee). The core question, therefore, was whether the appeal should proceed on merits or be disposed of based on the revenue's submission.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 16TH DAY OF DECEMBER, 2015 PRESENT THE HON’BLE MR.JUSTICE S. ABDUL NAZEER AND THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR ITA No.100124 OF 2015 BETWEEN: 1 THE PRINCIPAL COMMISSIONER OF INCOME TAX, DR. B.R.AMBEDKAR ROAD, BELGAUM. 2 THE INCOME TAX OFFICER, WARD-1(1), BELAGAVI, BELGAUM.

… APPELLANTS (BY SRI Y.V.RAVIRAJ, ADV.) AND M/S.VIMAL BUILDERS & DEVELOPERS, PROP:VIMAL BUILDERS, 299/6, VIMAL GOODSHED ROAD, BELAGAVI, PAN:AAGFV2109P. … RESPONDENT THIS ITA IS FILED UNDER SECTION 260A OF THE INCOME TAX ACT, 1961 TO SET ASIDE THE ORDER PASSED

2 BY THE INCOME TAX APPELLATE TRIBUNAL,PANAJI BENCH, PANAJI, IN ITA NO.276/PNJ/2014, DTD:12.03.2015 AND ETC. THIS ITA COMING ON FOR ORDERS THIS DAY, P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING: JUDGMENT Sri Y.V.Raviraj, learned counsel appearing for the appellants submits that he does not press this appeal in view of the circular No.21/2015 in F.No.279/ Misc.142/2007-ITJ(Pt), dated 10.12.2015. 2. The submission of the learned counsel appearing for the appellants is placed on record. The appeal is dismissed as withdrawn. No costs.

Sd/- JUDGE.

Sd/- JUDGE. KLY/

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