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

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ITA/100126/2015HC KarnatakaKAHC02011604201516 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 for the appellants that the appeal was not being pressed due to Circular No. 21/2015 dated 10.12.2015. The submission was placed on record. Consequently, the High Court dismissed the appeal as withdrawn. No costs were awarded. The specific content of Circular No. 21/2015 and its relevance to the original dispute before the ITAT are not detailed in this judgment. The High Court did not decide on the merits of the case.

What were the facts?

The appellants, the Principal Commissioner of Income Tax and the Income Tax Officer, filed an appeal under Section 260A of the Income Tax Act, 1961, before the High Court of Karnataka, Dharwad Bench. The appeal challenged an order passed by the Income Tax Appellate Tribunal, Panaji Bench, in ITA No.276/PNJ/2014, dated 12.03.2015. The respondent is M/s. Vimal Builders & Developers. The appeal was listed for orders on 16th December 2015.

What were the issues?

The High Court had to decide whether to uphold or set aside the order passed by the Income Tax Appellate Tribunal. The appellants' counsel submitted that they did not wish to press the appeal in view of Circular No. 21/2015 dated 10.12.2015. The judgment does not record any specific arguments from the respondent. The core issue revolves around the appellants' decision to withdraw the appeal based on the aforementioned circular.

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.100126 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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