M/S. GOWTHAM ASSOCIATES vs. THE INCOME TAX OFFICER

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ITA/16/2018HC KarnatakaKAHC01052134201812 April 2021Bench: ALOK ARADHE,M.G.S. KAMAL2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court noted the submission made by the assessee's counsel that the assessee had availed the benefit of the 'Vivad se Vishwas' scheme. Consequently, the assessee's counsel sought to withdraw the appeal. The court placed this submission on record. The appeal was disposed of with liberty granted to the assessee to seek revival of the appeal in case of occasion arising. No decision was made on the substantial questions of law that were to be formulated.

What were the facts?

The assessee, M/s. Gowtham Associates, filed an appeal before the High Court of Karnataka against an order dated August 24, 2017, passed by the Income Tax Appellate Tribunal (ITAT) in ITA No. 1535/Bang/2017. This order pertained to the assessment year 2014-15. The appeal was filed under Section 260-A of the Income Tax Act, 1961. The High Court heard the appeal on April 12, 2021. The assessee's counsel informed the court that the assessee had availed the benefit of the 'Vivad se Vishwas' scheme.

What were the issues?

1. Whether the appeal filed by the assessee under Section 260-A of the Income Tax Act, 1961, for Assessment Year 2014-15, should be allowed, thereby setting aside the order of the Income Tax Appellate Tribunal dated August 24, 2017. Assessee's contention: The assessee's counsel sought leave to withdraw the appeal, stating that the assessee had availed the benefit of the 'Vivad se Vishwas' scheme. No specific arguments were made on the merits of the ITAT's order. Revenue's contention: The judgment does not record any specific contentions made by the revenue's counsel on the merits 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 12TH DAY OF APRIL 2021

PRESENT

THE HON’BLE MR. JUSTICE ALOK ARADHE

AND

THE HON’BLE MR. JUSTICE M.G.S. KAMAL

I.T.A. NO.16 OF 2018

BETWEEN:

M/S. GOWTHAM ASSOCIATES NO.455, 13TH MAIN, 3RD STAGE MANJUNATHA NAGAR RAJAJINAGAR BENGALURU – 560 010

.... APPELLANT (BY MR.SANMATHI E.I., ADVOCATE (THROUGH VC))

AND:

THE INCOME-TAX OFFICER WARD-2(2)(2) BENGALURU ... RESPONDENT

(BY SRI.K.V. ARAVIND, ADVOCATE (THROUGH VC)) - - -

THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 24.08.2017 PASSED IN ITA NO.1535/BANG/2017 (ANNEXURE-C) FOR THE ASSESSMENT YEAR 2014-15, PRAYING TO: (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. (ii) ALLOW THE APPEAL BY SETTING ASIDE THE IMPUGNED ORDER OF THE INCOME TAX APPELLATE TRIBUNAL DATED:

24.08.2017 BEARING IN ITA NO.1535/BANG/2017 (ANNEXURE-C) FOR THE ASSESMENT YEAR 2014-15.

THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

JUDGMENT

Mr. Ankur Pai, learned counsel for Sri. B.S. Balachandran, learned counsel for the assessee through video conferencing.

Mr. K.V. Aravind, learned counsel for the revenue through video conferencing.

Learned counsel for the assessee seeks leave of this Court to withdraw the appeal as the assessee has availed of the benefit of ‘Vivad se Vishwas’ scheme. The aforesaid submission is placed on record.

The appeal is disposed of with liberty to seek revival of the same in case of occasion so arises.

Sd/- JUDGE

Sd/- JUDGE

Mds/-

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