THE PR.COMMISSIONER OF INCOME-TAX,CIT(A) vs. M/S AO SMITH INDIA WATER

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ITA/176/2019HC KarnatakaKAHC01034126201929 July 2021Bench: SATISH CHANDRA SHARMA,SACHIN SHANKAR MAGADUM2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court noted that a memo for withdrawal of the appeal was filed. The Court accepted the memo and accordingly dismissed the appeal as withdrawn. No decision was made on the merits of the case. Liberty was granted to the appellants to approach the Court again if the need arises in the future. The operative direction was to dismiss the appeal as withdrawn.

What were the facts?

The appeal was filed by the Principal Commissioner of Income-tax and the Assistant Commissioner of Income-tax (Appellants) against an order dated September 12, 2018, passed by the Income-tax Appellate Tribunal (ITAT), Bengaluru in C.O.No.58/BANG/2016, which arose from ITA 216/B/2016. The assessment year in question was 2011-2012. The respondent is M/s AO Smith India Water Products Pvt. Ltd. The appeal was filed under Section 260-A of the Income Tax Act, 1961, seeking to formulate substantial questions of law and set aside the ITAT's order.

What were the issues?

The primary issue before the High Court was whether to formulate substantial questions of law and allow the appeal filed by the Revenue. The Revenue sought to set aside the order passed by the ITAT. The judgment does not record specific arguments made by either the Assessee or the Revenue regarding the merits of the case. However, the appeal was filed under Section 260-A of the Income Tax Act, 1961, which typically involves substantial questions of law. The specific grounds or contentions that would have been argued if the appeal had proceeded on merits are not detailed in this judgment.

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 29TH DAY OF JULY, 2021

PRESENT

THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

AND

THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

I.T.A NO. 176 OF 2019

BETWEEN:

1.

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

2.

THE ASST. COMMISSIONER OF INCOME-TAX CIRCLE-1(1)(1), 2ND FLOOR, BMTC BUILDING, 80 FEET ROAD, KORMANGALA, BENGALURU-560 095. ...APPELLANTS (BY SRI.ARAVIND K V, ADVOCATE)

AND: M/S AO SMITH INDIA WATER PRODUCTS PVT. LTD. NO.300, PHASE II, KIADB, INDUSTRIAL AREA, HAROHALLI, KANAKAPURA TALUK, RAMANAGARA DIST PAN:AAFCA 8954R …RESPONDENT (BY SRI.K.R.VASUDEVAN, ADVOCATE)

THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 12.09.2018 PASSED IN C.O.NO.58/BANG/2016 IN ITA 216/B/2016 FOR THE ASSESSMENT YEAR 2011-2012 PRAYING TO I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE, II. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU IN C.O.NO.58/BANG/2016 IN ITA 216/B/2016, DATED 12.09.2018 FOR ASSESSMENT YEAR 2011-2012 ANNEXURE-C AND ETC.

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

JUDGMENT

Memo for withdrawal of the appeal is accepted.

The appeal is dismissed as withdrawn.

Liberty is certainly granted to approach this Court again in case need so arises in future.

Sd/- JUDGE

Sd/- JUDGE

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