M/S. YOKOGAWA INDIA LTD vs. ASSISTANT COMMISSIONER OF INCOME TAX

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ITA/118/2022HC KarnatakaKAHC01026300202104 July 2022Bench: P.S.DINESH KUMAR,C.M. POONACHA2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court considered the memo filed by the appellant seeking leave to withdraw the appeal. Upon granting the leave, the Court dismissed the appeal as withdrawn in terms of the memo. Consequently, an interlocutory application (I.A.No.2/2021) filed in the appeal was also disposed of as it did not survive. The Court did not delve into the merits of the substantial questions of law that were intended to be raised, as the appeal was withdrawn by the appellant. No costs were awarded.

What were the facts?

The appellant, M/s. Yokogawa India Ltd., filed an Income Tax Appeal (ITA) No. 118/2022 before the High Court of Karnataka at Bengaluru. This appeal was filed under Section 260-A of the Income Tax Act, 1961, challenging an order dated 11/03/2021 passed by the Income Tax Appellate Tribunal (ITAT) in IT(TP)A No. 1715/Bang/2016. The assessment year in question was 2011-2012. The appeal sought to admit substantial questions of law and set aside or modify the impugned order passed by the ITAT. The respondent in the appeal was the Assistant Commissioner of Income Tax, Large Taxpayer Unit Circle-1, Bengaluru. The appeal was listed for admission.

What were the issues?

The High Court was to decide whether to admit the instant appeal for answering substantial questions of law. The appellant, M/s. Yokogawa India Ltd., through its advocate, filed a memo seeking leave to withdraw the appeal. The judgment does not record any specific arguments presented by the revenue (Assistant Commissioner of Income Tax) regarding the substantial questions of law or the merits of the appeal. The primary procedural aspect was the appellant's request to withdraw the appeal.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2022 PRESENT THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR AND THE HON’BLE MR. JUSTICE C.M. POONACHA ITA No.118/2022

BETWEEN

M/S. YOKOGAWA INDIA LTD PLOT NO.96 ELECTRONIC CITY HOSUR ROAD BENGALURU – 560100 ...APPELLANT (BY SRI MALLAHAR RAO, ADVOCATE)

AND

ASSISTANT COMMISSIONER OF INCOME TAX LARGE TAXPAYERS UNIT CIRCLE-1 BENGALURU …RESPONDENT

THIS ITA / INCOME TAX APPEAL UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 11/03/2021 PASSED IN IT(TP)A NO.1715/BANG/2016, FOR THE ASSESSMENT YEAR 2011-2012 ADMIT THE INSTANT APPEAL TO ANSWER THE SUBSTANTIAL QUESTIONS OF LAW SET OUT IN PARA 22 ABOVE AND SET ASIDE/MODIFY THE IMPUGNED ORDER AT ANNEXURE-A PASSED BY INCOME TAX APPELLATE TRIBUNAL IN IT(TP)A NOS.1715/BANG/2016 FOR ASSESSMENT YEAR 2011-2012 TO THE EXTENT CHALLENGED IN PRESENT APPEAL, AND QUASH ANY PROCEEDINGS INSTITUTED OR

2 CONTEMPLATED PURSUANT TO SUCH DIRECTIONS ISSUED THEREUNDER AND ETC.,

THIS ITA COMING ON FOR ADMISSION, THIS DAY P.S. DINESH KUMAR J., MADE / DELIVERED THE FOLLOWING:

JUDGMENT Shri Mallahar Rao, learned advocate for the appellant has filed a memo of even date seeking leave to withdraw this appeal.

2.

Memo be kept in record. Leave granted. Appeal is dismissed as withdrawn in terms of the memo.

3.

In view of dismissal of the appeal, I.A.No.2/2021 does not survive for consideration and the same stands disposed of. No costs.

SD/-

JUDGE

SD/-

JUDGE BS

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