THE PRINCIPAL COMMISSIONER OF INCOME TAX, vs. SHRI. SIDDHESHWAR CO-OPERATIVE CREDIT SOCIETY LTD.

ITA/100141/2015HC KarnatakaKAHC02009537201516 December 2015Bench: S.ABDUL NAZEER,P.S.DINESH KUMAR2 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court of Karnataka, Dharwad Bench, 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 The Court placed the submission on record and accordingly dismissed the appeal as withdrawn. No costs were awarded. The specific findings or reasoning of the ITAT that were under challenge are not discussed as the appeal was withdrawn by the Revenue.

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 assessee is Shri. Siddheshwar Co-operative Credit Society Ltd. The appeal challenges the Tribunal's order in ITA No.13/PNJ/2015, dated 20.03.2015, and seeks to set aside the same and confirm the order passed by the Income Tax Officer, Ward-1, Nippani. The specific assessment year(s) are not mentioned in the provided text.

What were the issues?

The primary issue is whether the appeal filed under Section 260A of the Income-Tax Act, 1961, should be allowed. The appellants (Revenue) sought to formulate substantial questions of law, set aside the ITAT's order, and confirm the Assessing Officer's order. The Revenue's contention, as presented by their counsel, was that they did not press the appeal. This was based on Circular No.21/2015 in F.No.279/Misc.142/2007-ITJ(Pt), dated 10.12.2015. The judgment does not record any specific arguments from the assessee.

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.100141 OF 2015 BETWEEN: 1. THE PRINCIPAL COMMISSIONER OF INCOME TAX, DR B R AMBEDKAR ROAD, BELAGAVI. 2. THE INCOME TAX OFFICER, NIPANI, DIST: BELAGAVI. ..... APPELLANTS (BY SRI. Y V RAVIRAJ, ADV.) AND: SHRI. SIDDHESHWAR CO-OPERATIVE CREDIT SOCIETY LTD. A/P BORGAON, TQ: CHIKKODI, DIST: BELAGAVI. AAAAS 6783 M ..... RESPONDENT THIS ITA IS FILED UNDER SECTION 260A OF THE `INCOME-TAX ACT, 1961 PRAYING TO (a) FORMULATE THE

2 SUBSTANTIAL QUESTION OF LAW STATED ABOVE; (b) ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, PANAJI BENCH PANAJI, IN ITA NO.13/PNJ/2015, DTD: 20.03.2015 AND CONFIRM THE ORDER PASSED BY THE INCOME TAX OFFICER, WARD-1, NIPPANI. 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. Naa

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