THE PR.COMMISSIONER OF INCOME TAX CIT(A) vs. M/S. STERLING COMMERCE SOLUTIONS INDIA PVT LTD

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ITA/120/2021HC KarnatakaKAHC01006733202123 July 2021Bench: SATISH CHANDRA SHARMA,R. NATARAJ2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court accepted the memo for withdrawal filed by the Revenue. Consequently, the appeal was dismissed as withdrawn. The court granted liberty to the Revenue to file a fresh appeal or take recourse to other legal remedies if the need arises in the future. Any pending interlocutory applications were also disposed of.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax and the Deputy Commissioner of Income-Tax (Revenue) against an order passed by the Income Tax Appellate Tribunal (ITAT). The assessment year in question was 2011-2012. The respondent is M/s. Sterling Commerce Solutions India Pvt Ltd, the successor in interest of Curam Software International Pvt Ltd. The Revenue sought to withdraw the appeal before the High Court.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn by the Revenue. (Question of procedure) Contentions: Assessee: No arguments recorded for the assessee regarding the withdrawal. Revenue: The Revenue, through its counsel, filed a memo for withdrawal of 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 23RD DAY OF JULY 2021

PRESENT

THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

AND

THE HON'BLE MR. JUSTICE NATARAJ RANGASWAMY

ITA NO.120/2021 BETWEEN:

1 . THE PR.COMMISSIONER OF INCOME TAX CIT(A) 5TH FLOOR BMTC BUILDING 80 FEET ROAD KORMANGALA BENGALURU - 560 095

2 . THE DEPUTY COMMISSIONER OF INCOME -TAX CIRCLE -2(1)(1) ROOM NO.217 2ND FLOOR, BMTC BUILDING 6TH BLOCK 80 FEET ROAD KORAMANGALA BENGALURU - 560 095 …APPELLANTS (BY SRI.ARAVIND K.V., ADV.)

AND:

M/S. STERLING COMMERCE SOLUTIONS INDIA PVT LTD (SUCCESSOR IN INTEREST OF CURAM SOFTEARE INTERNATIIONAL PVT LTD.), IBC KNOWLEDGE PARK 2ND AND 3RD FLOOR TOWER D BANNERGHATTA ROAD BENGALURU - 560 029 PAN AACCC5472L

… RESPONDENT (BY SRI.NAGESHWAR RAO, ADV.,)

THIS APPEAL IS FILED UNDER 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED: 26.02.2020 PASSED IN IT(TP)A NO.1520/BANG/2015, FOR THE ASSESSMENT YEAR 2011-2012 AND ETC.

THIS APPEAL COMING ON FOR ADMISSION THIS DAY, SATISH CHANDRA SHARMA J. DELIVERED THE FOLLOWING:

JUDGMENT

Sri K.V.Aravind, learned counsel for the Revenue has filed a memo for withdrawal of the appeal.

The memo is accepted.

The appeal is dismissed as withdrawn with liberty to file a fresh appeal / to take recourse to other remedies provided under the law in case need so arises in future.

Pending IAs., if any, shall stand disposed of.

Sd/- JUDGE

Sd/- JUDGE

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