THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. KPTCL EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LTD

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ITA/100193/2015HC KarnatakaKAHC02013966201516 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 does not press the appeal in view of Circular No. 21/2015 dated 10.12.2015. Consequently, the submission of the learned counsel was placed on record. The High Court held that the appeal is dismissed as withdrawn. No costs were awarded. The specific findings of the ITAT on the merits of the case, which led to the Revenue's appeal, are not discussed or decided by the High Court as the appeal was withdrawn. The operative direction is the dismissal of the appeal as withdrawn.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 (ITAT), Panaji Bench. The ITAT's order was in ITA No.31/PNJ/2015, dated July 15, 2015. The assessee is KPTCL Employees Co-operative Credit Society Ltd. The appeal was filed under Section 260A of the Income Tax Act, 1961, challenging the ITAT's decision. The specific assessment year(s) are not mentioned in the provided text. The amount in dispute is also not stated.

What were the issues?

1. Whether the appeal filed by the Revenue under Section 260A of the Income Tax Act, 1961, is to be dismissed as withdrawn. Assessee's Contention: The learned counsel for the appellants (Revenue) submitted that he does not press this appeal in view of Circular No. 21/2015 dated 10.12.2015. Revenue's Contention: Not recorded, as the Revenue is the appellant and their counsel indicated they were not pressing the appeal.

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.100193 OF 2015 BETWEEN: 1 THE PRINCIPAL COMMISSIONER OF INCOME TAX, DR. B.R.AMBEDKAR ROAD, BELAGAVI. 2 THE INCOME TAX OFFICER, WARD-2(2), BELAGAVI. … APPELLANTS (BY SRI Y.V.RAVIRAJ, ADV.) AND KPTCL EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LTD., NEHRU NAGAR BELAGAVI, PAN:AAGFK 2092Q … 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.31/PNJ/2015, DATED 15.07.2015 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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