THE PR. COMMISSIONER OF INCOME-TAX vs. IKA INDIA PVT. LTD.,

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ITA/178/2019HC KarnatakaKAHC01037866201920 December 2021Bench: S.SUJATHA,S VISHWAJITH SHETTY2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Karnataka considered the memo filed by the learned counsel for the Revenue seeking leave to withdraw the appeal. Permission was granted to withdraw the appeal with liberty to seek revival of the appeal if the need arises. Consequently, the appeal was dismissed as withdrawn. The Court did not delve into the merits of the case or the substantial questions of law that the Revenue intended to raise. The operative direction was to dismiss the appeal as withdrawn with the specified liberty.

What were the facts?

The appeal was filed by the Principal Commissioner of Income-Tax and the Deputy Commissioner of Income-Tax (appellants) against IKA India Pvt. Ltd. (respondent). The appeal pertains to the Assessment Year 2012-2013 and challenges an order dated September 17, 2018, passed by the Income-Tax Appellate Tribunal, Bengaluru, in IT(TP)A No. 2192/BANG/2017. The appellants sought to set aside the Tribunal's order and confirm the order of the Appellate Commissioner, which had confirmed the order of the Assistant Commissioner of Income-Tax. The High Court of Karnataka was hearing the appeal.

What were the issues?

The primary issue was whether the appeal filed by the Revenue under Section 260-A of the Income Tax Act, 1961, should be allowed. The Revenue sought to formulate substantial questions of law and set aside the order of the Income-Tax Appellate Tribunal. The judgment does not record specific arguments made by either the assessee or the revenue regarding the merits of the case. However, the Revenue filed a memo seeking leave to withdraw the appeal with liberty to seek revival if the need arises.

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 20TH DAY OF DECEMBER, 2021

PRESENT

THE HON’BLE MRS.JUSTICE S.SUJATHA

AND

THE HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY

I.T.A.No.178/2019

BETWEEN : 1 . THE PR. COMMISSIONER OF INCOME-TAX, 5TH FLOOR, BMTC BUILDING, 80 FEET ROAD, KORMANGALA, BENGALURU-560 095

2 . THE DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-3(1)(1), 2ND FLOOR, BMTC BUILDING, 80 FEET ROAD, KORMANGALA, BENGALURU-560 095

...APPELLANTS

(BY SRI K.V.ARAVIND, ADV. A/W SRI DILIP M., ADV.)

AND : IKA INDIA PVT. LTD., 814/475, SURVEY NO.129/1, MYSORE ROAD, KENGERI BENGALURU-560 060 PAN:AABCI 9880Q

…RESPONDENT

(BY SRI SRIKANTH PATIL K., ADV.)

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 17.09.2018 PASSED IN IT(TP)A NO.2192/BANG/2017, FOR THE ASSESSMENT YEAR 2012-2013 PRAYING TO I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. II. ALLOW THE APPEAL AND SET ASIDE THE ORDERS

- 2 -

PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU IN IT(TP)A NO.2192/BANG/2017 DATED 17.09.2018 FOR ASSESSMENT YEAR 2012-2013 ANNEXURE-D AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(1), BENGALURU.

THIS APPEAL COMING ON FOR ORDERS, THIS DAY, S. SUJATHA, J., DELIVERED THE FOLLOWING:

J U D G M E N T

Learned counsel for the Revenue has filed a memo seeking leave of the Court to withdraw the appeal with liberty to seek revival of the appeal, if the need arises.

2.

Memo is placed on record. Permission is granted.

Appeal stands dismissed as withdrawn with liberty as sought for.

Sd/- JUDGE

Sd/- JUDGE

NC.

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