M/S. KARNATAKA ROAD DEVELOPMENT CORPORATION vs. THE ASSISTANT COMMISSIONER OF INCOME TAX

ITA/12/2019HC KarnatakaKAHC01031622201913 March 2020Bench: ALOK ARADHE,M.NAGAPRASANNA2 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court of Karnataka, in its order dated March 13, 2020, noted that the appellant's counsel had filed a Memo seeking leave to withdraw the appeal. For the reasons assigned in the Memo, the Court dismissed the appeal as withdrawn. No decision was made on the merits of any substantial questions of law that might have been intended to be formulated. The operative direction was the dismissal of the appeal as withdrawn.

What were the facts?

The appeal was filed by M/s Karnataka Road Development Corporation (the assessee) against an order passed by the Assistant Commissioner of Income Tax, Circle -11 (3) (the revenue). The appeal was filed under Section 260A of the Income Tax Act, 1961, before the High Court of Karnataka. The assessee sought to formulate substantial questions of law and have them answered in their favor. The procedural history indicates that the appeal was at the stage of orders before the High Court.

What were the issues?

1. Whether the substantial questions of law, as stated in the appeal, are to be formulated and answered in favor of the appellant (assessee)? Assessee's contention: The assessee, through their counsel, filed a Memo seeking leave of the Court to withdraw the appeal. No specific arguments on the merits of the substantial questions of law were recorded in the judgment. Revenue's contention: The judgment does not record any specific contentions or arguments made by the revenue.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2020 PRESENT

THE HON’BLE MR.JUSTICE ALOK ARADHE AND

THE HON’BLE MR.JUSTICE M. NAGA PRASANNA

ITA NO.12 OF 2019

BETWEEN:

M/S KARNATAKA ROAD DEVELOPMENT CORPORATION, REP. BY SRI. C. A. SHIVAPPA “SAMPARKA SOUDHA” SURVEY NO.8, B.E.P PREMISES (OPP. ORION MALL) DR. RAJKUMAR ROAD RAJAJINAGAR 1ST BLOCK BENGALURU – 560 010

… APPELLANT

(BY SRI. S. V. RAVISHANKAR, ADV. FOR SRI. ANNAMALAI S., ADV.)

AND:

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -11 (3) BMTC, BUILDING, 80 FEET ROAD KORAMANGALA BENGALURU – 560 095 …RESPONDENT

2 THIS ITA IS FILED UNDER SECTION 260A OF THE INCOME TAX ACT, 1961 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT AND ETC. THIS ITA COMING ON FOR ORDERS, THIS DAY ALOK ARADHE J., DELIVERED THE FOLLOWING:-

JUDGMENT

Shri. S. V. Ravishankar, learned counsel for Shri. S. Annamalai, learned counsel for the appellant.

Learned counsel for the appellant has filed a Memo seeking leave of this Court to withdraw the appeal.

For the reasons assigned in the Memo, the appeal is dismissed as withdrawn.

Sd/- JUDGE

Psg*

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