THE PR COMMISSIONER OF INCOME TAX vs. M/S.GMR ENERGY LTD

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ITA/181/2020HC KarnatakaKAHC01031457202005 September 2022Bench: P.S.DINESH KUMAR,UMESH M ADIGA2 pages
AI SummaryWithdrawn

What did the High Court hold?

The Revenue, through its counsel, filed a memo seeking leave to withdraw the appeal. The Court granted the leave requested in the memo. Consequently, the appeal was dismissed as withdrawn. No decision was made on the merits of the case or the substantial question of law that the Revenue intended to raise. The operative direction was to dismiss the appeal as withdrawn.

What were the facts?

This appeal was filed by the Revenue, specifically the Principal Commissioner of Income Tax and the Deputy Commissioner of Income-Tax, against an order dated October 23, 2019, passed by the Income Tax Appellate Tribunal (ITAT), Bengaluru. The assessment year in question is 2013-14. The ITAT's order was in C.O.No.7/BANG/2017, arising from ITA No.1737/BANG/2017. The Revenue sought to set aside the ITAT's order and confirm the orders of the Appellate Commissioner and the Joint Commissioner of Income Tax. The assessee is M/s. GMR Energy Ltd.

What were the issues?

1. Whether the substantial question of law, as stated in the appeal, warrants consideration by this Hon'ble Court. The Revenue argued for the formulation of a substantial question of law and sought to allow the appeal, setting aside the ITAT's order. The Revenue aimed to confirm the orders of the lower appellate authorities, which had upheld the order passed by the Joint Commissioner of Income Tax. The specific grounds or contentions of the Revenue regarding the merits of the case are not detailed in the provided text, as the appeal was withdrawn. The Respondent (assessee) did not present any arguments as the appeal was disposed of before reaching the 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.181 OF 2020 BETWEEN:

1.

THE PR. COMMISSIONER OF INCOME TAX,

CIT(A), CENTRAL CIRCLE

C.R.BUILDING

QUEEN'S 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

QUEEN'S 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.7/BANG/2017 (IN ITA No.1737/BANG/2017), FOR THE ASSESSMENT YEAR 2013-14 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.7/BANG/2017 (IN ITA No.1737/BANG/2017) DATED:23.10.2019 FOR ASSESSMENT YEAR 2013-2014 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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