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

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ITA/183/2020HC KarnatakaKAHC01031458202005 September 2022Bench: P.S.DINESH KUMAR,UMESH M ADIGA2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court noted that the learned Advocate for the Revenue had filed a memo seeking leave to withdraw the appeal. Leave was granted to withdraw the appeal. Consequently, the appeal was dismissed as withdrawn. No decision on the merits of the case or the substantial questions of law was rendered. The operative direction was to dismiss the appeal as withdrawn.

What were the facts?

This is an appeal filed by the Revenue (Principal Commissioner of Income-tax and Deputy Commissioner of Income-tax) against an order dated 23.10.2019 passed by the Income Tax Appellate Tribunal (ITAT), Bengaluru, in C.O. No.6/BANG/2017, which arose from ITA No.1736/BANG/2017. The assessment year in question is 2012-2013. The Revenue sought to set aside the ITAT's order and confirm the orders of the lower appellate authorities, which had confirmed the order passed by the Joint Commissioner of Income Tax. The assessee is M/s GMR Energy Ltd. The appeal was filed under Section 260-A of the Income Tax Act, 1961.

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's prayer was to set aside the order of the ITAT and confirm the orders of the lower authorities. The judgment does not explicitly state the arguments made by each side. However, the Revenue's intention was to challenge the ITAT's order and uphold the assessment made by the Joint Commissioner, which was confirmed by the CIT(A). The specific grounds or contentions of either party before the High Court are not detailed in the provided text.

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.183 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.6/BANG/2017 (IN ITA No.1736/BANG/2017), FOR THE ASSESSMENT YEAR 2012-2013 PRAYING TO I) FORMULATE THE SUBSTANTIAL QUESTION OF LAW STATED ABOVE. II) ALLOW THE APPEAL AND SET-ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU IN C.O.NO.6/BANG/2017 (IN ITA No.1736/BANG/2017) DATED:23.10.2019 FOR ASSESSMENT YEAR 2012-2013 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

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