M/S SIPANI FIBRES LIMITED vs. THE DEPUTY COMMISSIONER OF INCOME TAX

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ITA/149/2013HC KarnatakaKAHC01017309201301 February 2021Bench: ALOK ARADHE,R. NATARAJ2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Karnataka at Bengaluru, upon considering the memo filed by the assessee seeking leave to withdraw the appeal, dismissed the appeal as withdrawn. The Court granted liberty to the assessee to revive the appeal if occasion arises. No decision on the substantial questions of law or the merits of the ITAT's order was made, as the appeal was disposed of on procedural grounds based on the assessee's request.

What were the facts?

The assessee, M/s. Sipani Fibres Limited, filed an appeal before the High Court of Karnataka at Bengaluru against an order dated November 9, 2012, passed by the Income Tax Appellate Tribunal (ITAT), Bangalore 'A' Bench. The ITAT's order was in relation to ITA No. 979 & 980/Bang/2011, concerning the assessment year 2006-07. The appeal was filed under Section 260-A of the Income Tax Act, 1961. The revenue was represented by the Deputy Commissioner of Income Tax, Circle-12(3), Bangalore. The High Court was to consider formulating substantial questions of law and potentially setting aside the ITAT's order.

What were the issues?

1. Whether the appeal filed under Section 260-A of the Income Tax Act, 1961, should be allowed, and the order dated November 9, 2012, passed by the ITAT, Bangalore 'A' Bench in ITA No. 979 & 980/Bang/2011, be set aside. The assessee, through its learned Senior Counsel, filed a memo seeking leave to withdraw the appeal. The revenue was represented by its learned counsel, and no specific arguments were recorded on behalf of the revenue regarding the merits of the case at this stage.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY I.T.A. NO.149 OF 2013 BETWEEN: M/S. SIPANI FIBRES LIMITED REP. BY SHRI. RAJKUMAR SIPANI MANAGING DIRECTOR NO.309, III FLOOR, RAHEJA ARCADE KORAMANGALA, BANGALORE-560095. .... APPELLANT (BY MR. A. SHANKAR, SR. COUNSEL WITH MR. S. ANNAMALAI, ADV., FOR MR. M. LAVA, ADV.,) AND: THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-12(3), R.P. BHAVAN NRUPATUNGA ROAD, BANGALORE-560001. ... RESPONDENT (BY MR. E.I. SANMATHI, ADV.,) - - - THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 09.11.2012 PASSED IN ITA NO.979 & 980/BANG/2011 FOR THE ASSESSMENT YEAR 2006-07, PRAYING TO: (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN. (ii) ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 09-11-2012 PASSED BY THE ITAT, BANGALORE 'A' BENCH, BANGALORE IN ITA NO.979 & 980/BANG/2011.

2 THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Mr.A.Shankar, learned Senior counsel for Mr.S.Annamalai, learned counsel for the assessee. Mr.E.I.Sanmathi, learned counsel for the revenue. Learned counsel for the assessee has filed a memo seeking leave of this Court to withdraw the appeal. The aforesaid memo is taken on record. 2. For the reasons assigned in the memo, the appeal is dismissed as withdrawn with liberty to the assessee to revive the same if occasion so arises. Sd/- JUDGE Sd/- JUDGE RV

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