THE PR COMMISSIONER OF INCOME TAX CIT(A) vs. M/S. GMR ENERGY LTD

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ITA/180/2020HC KarnatakaKAHC01031462202005 September 2022Bench: P.S.DINESH KUMAR,UMESH M ADIGA2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Karnataka, upon being presented with the appeal, noted that the learned Advocate for the Revenue had filed a memo seeking leave to withdraw the appeal. Leave to withdraw was granted, and consequently, the appeal was dismissed as withdrawn. No decision was made on the merits of the case or the substantial questions of law that might have been formulated. The operative direction was solely to dismiss the appeal due to its withdrawal by the appellant.

What were the facts?

This is an appeal filed by the Revenue (Principal Commissioner of Income Tax and Deputy Commissioner of Income-Tax) against the order dated 23.10.2019 passed by the Income Tax Appellate Tribunal (ITAT), Bengaluru Bench, in C.O.No.3/BANG/2017 (in ITA No.1733/BANG/2017). The appeal pertains to the Assessment Year 2009-2010 and concerns the assessee M/s. GMR Energy Ltd. The Revenue sought to set aside the ITAT's order and confirm the orders passed by the lower authorities. The appeal was filed under Section 260-A of the Income Tax Act, 1961.

What were the issues?

The primary issue was whether the High Court should formulate substantial questions of law and allow the appeal filed by the Revenue. The Revenue sought to set aside the order of the ITAT dated 23.10.2019, which was in favour of the assessee, M/s. GMR Energy Ltd., for the Assessment Year 2009-2010. The Revenue intended to confirm the orders of the lower appellate authority (Appellate Commissioner) and the assessing officer (Joint Commissioner of Income Tax). The specific grounds or questions of law that the Revenue intended to argue were not detailed in the provided text, as the appeal was withdrawn before arguments on merits.

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 5TH DAY OF SEPTEMBER 2022

PRESENT

THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR

AND

THE HON'BLE MR. JUSTICE UMESH M. ADIGA

I. T. A. NO.180 OF 2020 BETWEEN:

1.

THE PR. COMMISSIONER OF INCOME TAX, CIT(A) CENTRAL CIRCLE C R BUILDING QUEENS ROAD BENGALURU - 560 001.

2.

THE DEPUTY COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE -2(2) PRESENT ADDRESS JCIT (OSD) CENTRAL RANGE 2(2) C R BUILDING QUEENS ROAD BENGALURU - 560 001. … APPELLANTS (BY SRI. M. DILIP, ADVOCATE FOR SRI. K.V. ARAVIND, ADVOCATE)

AND:

M/S. GMR ENERGY LTD., 25/1, SKIP HOUSE MUSEUM ROAD, BENGALURU- 560 025 PAN AAACT 8420A. … RESPONDENT (BY SRI. BALARAM R. RAO, ADVOCATE)

THIS ITA IS FILED UNDER SECTION 260-A OF I.T.ACT 1961, ARISING OUT OF ORDER DATED

23.10.2019 PASSED IN C.O.No.3/BANG/2017 (IN ITA No.1733/BANG/2017), FOR THE ASSESSMENT YEAR 2009-2010 PRAYING TO: I) FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE II) ALLOW THE APPEAL AND SET-ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU IN C.O.NO.3/BANG/2017 (IN ITA No.1733/BANG/2017) DATED:23.10.2019 FOR ASSESSMENT YEAR 2009-2010 ANNEXURE-C AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE JOINT COMMISSIONER OF INCOME TAX (OSD), CENTRAL RANGE-2(2), BENGALURU AND III) PASS SUCH OTHER SUITABLE ORDERS AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.

THIS ITA COMING ON FOR HEARING, THIS DAY, P.S. DINESH KUMAR J., DELIVERED THE FOLLOWING:

JUDGMENT

Shri. M. Dilip, learned Advocate for the Revenue has filed a memo of even date seeking leave to withdraw this appeal. 2. Memo be kept in record. Leave granted. 3. Appeal is dismissed as withdrawn.

Sd/- JUDGE

Sd/- JUDGE RU

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