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

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ITA/179/2019HC KarnatakaKAHC01034119201920 December 2021Bench: S.SUJATHA,S VISHWAJITH SHETTY2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Karnataka, on 20.12.2021, allowed the Revenue's memo seeking leave to withdraw the appeal. The Court granted permission for the withdrawal with liberty to seek revival of the appeal if the need arises. Consequently, the appeal was dismissed as withdrawn. No decision was made on the merits of the case. The specific issues that might have been before the Tribunal or the High Court were not adjudicated upon due to the withdrawal of the appeal.

What were the facts?

The appeal was filed by the Principal Commissioner of Income-Tax and the Assistant Commissioner of Income-Tax, Bengaluru (hereinafter referred to as the Revenue) against an order dated 12.10.2018 passed by the Income-Tax Appellate Tribunal, Bengaluru in IT(TP)A No.2476/BANG/2017. The assessment year in question was 2013-2014. The appeal was filed under Section 260-A of the Income Tax Act, 1961. The Revenue sought to set aside the order of the Tribunal and confirm the orders of the lower appellate authorities, which had confirmed the order of the Assessing Officer. The assessee is IKA India Pvt. Ltd.

What were the issues?

The appeal was filed under Section 260-A of the Income Tax Act, 1961, seeking to formulate substantial questions of law. However, the judgment does not record any specific substantial questions of law that were formulated or debated. The Revenue's primary contention, as indicated by the prayer, was to set aside the order of the Income-Tax Appellate Tribunal and confirm the orders of the lower authorities. The judgment does not record any arguments presented by the assessee.

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.179/2019

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

2 . THE ASST.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 12.10.2018 PASSED IN IT(TP)A NO.2476/BANG/2017, FOR THE ASSESSMENT YEAR 2013-2014 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.2476/BANG/2017 DATED 12.10.2018 FOR ASSESSMENT YEAR 2013-2014 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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