THE COMMISSIONER OF INCOME TAX vs. M/S NAGESH ENTERPRIESE

ITA/100208/2015HC KarnatakaKAHC02014196201516 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 in view of Circular No. 21/2015 dated 10.12.2015. The Court placed the submission on record and dismissed the appeal as withdrawn. No specific findings were made on the merits of the case, and no substantial questions of law were formulated or decided. The operative direction was to dismiss the appeal as withdrawn, with no costs.

What were the facts?

The appeal was filed by the Commissioner of Income Tax and the Income Tax Officer against an order passed by the Income Tax Appellate Tribunal, Panaji Bench. The appeal was filed under Section 260A of the Income-Tax Act, 1961. The appellants sought to set aside the Tribunal's order and confirm the penalty order passed by the Income Tax Officer. The respondent is M/s Nagesh Enterprises, with PAN AACFN7373D.

What were the issues?

The primary issue before the High Court was whether to formulate substantial questions of law and allow the appeal to set aside the ITAT's order and confirm the penalty. The appellants' counsel submitted that they do not 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.

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.100208 OF 2015 BETWEEN: 1. THE COMMISSIONER OF INCOME TAX, DR B R AMBEDKAR VEEDHI, BELAGAVI. 2. THE INCOME TAX OFFICER, WARD - 1(2), BELAGAVI. ..... APPELLANTS (BY SRI. Y V RAVIRAJ, ADV.) AND: M/S NAGESH ENTERPRISES, 589, PATIL GALLI, BELAGAVI, PAN AACFN7373D ..... RESPONDENT THIS ITA IS FILED UNDER SECTION 260A OF THE `INCOME-TAX ACT, 1961 PRAYING TO (a) FORMULATE THE 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,

2 IN ITA NO.243/PNJ/2013, DTD: 06.07.2015 AND CONFIRM THE ORDER OF PENALTY PASSED BY THE INCOME TAX OFFICER, WARD-(1)2, BELAGAVI. 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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