M/S TUMKUR DCC BANK LTD vs. THE DEPUTY COMMISSIONER OF

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ITA/15/2021HC KarnatakaKAHC01052190201925 February 2021Bench: SATISH CHANDRA SHARMA,V SRISHANANDA2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court allowed the prayer for withdrawal of the appeal. The Court noted that learned counsel for the appellant had filed a memo dated 09.02.2021 seeking withdrawal of the appeal. Consequently, the appeal was dismissed as withdrawn. No findings were made on the merits of the case, and the order of the Income Tax Appellate Tribunal was not adjudicated upon by the High Court. The principle that can be cited from this judgment is that an appeal can be dismissed as withdrawn if the appellant so requests and the court grants permission.

What were the facts?

The appellant, M/s. Tumkur DCC Bank Ltd., filed an appeal under Section 260-A of the Income Tax Act, 1961, before the High Court of Karnataka at Bengaluru. The appeal challenged an order passed by the Income Tax Appellate Tribunal, Bangalore ‘A’ Bench, in ITA No. 02/Bang/2019, dated July 12, 2019. This order pertained to the Assessment Year 2013-14. The respondent in the appeal was the Assistant Commissioner of Income Tax, Circle-1, Tumkur. The appellant sought to set aside the findings in the Tribunal's order to the extent they were against the appellant.

What were the issues?

The High Court was to decide whether to allow the withdrawal of the appeal filed by M/s. Tumkur DCC Bank Ltd. The appellant's counsel filed a memo dated February 9, 2021, seeking withdrawal of the appeal. The revenue's contentions are not recorded in the judgment. No specific questions of law or fact were framed for determination by the High Court, as the appeal was withdrawn before any substantive arguments on the merits were presented.

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 25TH DAY OF FEBRUARY, 2021

PRESENT

THE HON’BLE MR. JUSTICE SATISH CHANDRA SHARMA

AND

THE HON’BLE MR. JUSTICE V. SRISHANANDA

I.T.A. NO. 15 OF 2021

BETWEEN:

M/S. TUMKUR DCC BANK LTD., REP. BY ITS MANGAING DIRECTOR, PRAKASH G, P.B.NO.44, TOWN POLICE STATION, TUMKUR-572102. PAN:AAAAD2860J ... APPELLANT (BY SRI.ANNAMALAI S, ADVOCATE)

AND:

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, RAMAKRISHNANAGAR, KUNIGAL ROAD, TUMKUR-572105.

... RESPONDENT - - -

THIS I.T.A. IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, PRAYING TO SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BANGALORE ‘A’ BENCH IN ITA 02/BANG/2019 DATED

12.07.2019 FOR THE ASSESSMENT YEAR 2013-14 ANNEXURE-A.

THIS ITA COMING ON FOR ORDERS THIS DAY, SATISH CHANDRA SHARMA. J., DELIVERED THE FOLLOWING:

JUDGMENT

Learned counsel for the appellant has filed a memo dated 09.02.2021 seeking withdrawal of the appeal. The prayer is allowed.

The appeal is dismissed as withdrawn.

Sd/-

JUDGE

Sd/- JUDGE

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