PR. COMMISSIONER OF INCOME TAX-4 vs. M/S JULY SYSTEMS

ITA/209/2019HC KarnatakaKAHC01034616201926 March 2021Bench: SATISH CHANDRA SHARMA,S VISHWAJITH SHETTY2 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court accepted the memo filed by the appellants (revenue). The court noted that the respondent had opted for the Vivad Se Viswas Scheme, and the appellants sought withdrawal of the appeal with liberty to seek revival if the need arose. Consequently, the appeal was dismissed as withdrawn, with the liberty as prayed for in the memo. No decision on the merits of the case was made.

What were the facts?

The appeal was filed by the Pr. Commissioner of Income Tax-4 and The Deputy Commissioner of Income Tax (appellants) against M/s July Systems & Technologies Pvt Ltd. (respondent). The assessment year in question was 2011-2012. The appeal challenged an order dated 31.10.2018 passed by the Income Tax Appellate Tribunal, 'B' Bench, Bangalore, in Appeal Proceedings No. IT(TP)A No.479/Bang/2016. The appellants sought to set aside the said appellate order. The respondent had opted for the Vivad Se Viswas Scheme.

What were the issues?

1. Whether the appeal filed under Section 260A of the Income Tax Act, 1961, should be dismissed as withdrawn, considering the respondent's opting for the Vivad Se Viswas Scheme. Assessee's Contention: The respondent, M/s July Systems & Technologies Pvt Ltd., has opted for the Vivad Se Viswas Scheme. The appellants, Pr. Commissioner of Income Tax-4 and The Deputy Commissioner of Income Tax, have filed a memo praying for the withdrawal of the appeal, with liberty to seek revival if needed. Revenue's Contention: The revenue (appellants) has filed a memo seeking withdrawal of the appeal on the grounds stated above.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26TH DAY OF MARCH, 2021

PRESENT

THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

AND

THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

I.T.A. NO.209/2019 BETWEEN

PR. COMMISSIONER OF INCOME TAX-4 BMTC COMPLEX, KORAMANGALA, BANGALORE.

THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE.

...APPELLANTS

(BY SRI SANMATHI E I, ADVOCATE)

AND M/S JULY SYSTEMS & TECHNOLOGIES PVT LTD., # 17/9C, 17/4C, 4TH FLOOR, MARUTHI CHAMBERS, ROOPENA AGRAHARA, HOSUR ROAD, BANGALORE-560076

...RESPONDENT PAN :AABCB 6543 M (BY MS.SHREYA, ADVOCATE)

THIS I.T.A. IS FILED UNDER SECTION 260A OF INCOME TAX ACT 1961, PRAYING TO SET ASIDE THE APPELLATE ORDER DATED 31.10.2018 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, ‘B’ BENCH BANGALORE IN APPEAL PROCEEDINGS NO.IT(TP)A

NO.479/BANG/2016 (ANNEXURE-A) FOR ASSESSMENT YEAR 2011-2012.

THIS I.T.A. COMING ON FOR ADMISSION THIS DAY, SATISH CHANDRA SHARMA J., DELIVERED THE FOLLOWING:

JUDGMENT

Ms. Shreya, learned counsel has marked her presence for the respondent as Sri Chaithanya, learned counsel is no longer appearing for the respondent in the matter.

Learned counsel for the appellants has filed a memo praying for withdrawal of the appeal as the respondent has opted for Vivad Se Viswas Scheme with liberty to seek revival, if need arises.

The memo is accepted.

The appeal is dismissed as withdrawn with liberty as prayed for in the memo.

Sd/- JUDGE

Recent GST High Court judgments

Search GST case law →