M/S. ZYME SOLUTIONS PRIVATE LIMITED vs. THE ASSISTANT COMMISSIONER OF INCOME TAX

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ITA/281/2019HC KarnatakaKAHC01035445201929 January 2020Bench: ALOK ARADHE,RAVI V HOSMANI2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court noted that a memo of withdrawal had been filed by the counsel for the appellant. Taking the memo on record, the Court ordered that the appeal be dismissed as withdrawn. No decision was made on the merits of the case or the substantial question of law that the appellant intended to raise. The operative direction was solely to dismiss the appeal based on the withdrawal memo.

What were the facts?

The appellant, M/s. Zyme Solutions Private Limited, filed an appeal under Section 260-A of the Income Tax Act, 1961, before the High Court of Karnataka. The appeal was against an order passed by the Income Tax Appellate Tribunal, Bengaluru 'A' Bench, bearing IT(TP)A No.1661/BANG/2016, dated November 16, 2018. The appellant sought to set aside the impugned order in so far as it was prejudicial to them. The respondent in the appeal was the Assistant Commissioner of Income Tax, Circle-7(1)(2), Bengaluru. The appeal was listed for orders before the Division Bench of the High Court.

What were the issues?

The primary issue before the High Court was to formulate a substantial question of law arising from the order of the Income Tax Appellate Tribunal. The appellant sought to challenge the Tribunal's order, which was not detailed in the provided text. The appellant's counsel filed a memo of withdrawal. No specific arguments from either the appellant or the revenue regarding the merits of the case or the substantial question of law were recorded in the judgment. Therefore, the Tribunal's decision and the specific grounds of appeal are not detailed here.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29TH DAY OF JANUARY 2020 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND

THE HON’BLE MR. JUSTICE RAVI V. HOSMANI

ITA NO. 281 OF 2019

BETWEEN:

M/S. ZYME SOLUTIONS PRIVATE LIMITED NO.459, LAKSHA TOWERS, ASHOKA PILLAR ROAD, JAYANAGAR 2ND BLOCK, BENGALURU-560 011

(REPRESENTED BY ITS DIRECTOR, SRI. GANESH PRUSTY JAMI, AGED ABOUT 41 YEARS, S/O. SANKAR PRUSTY JAMI) PAN: AAACZ 2465 R ...APPELLANT (BY SRI.NARENDRA KUMAR.J.JAIN)

AND:

THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-7(1) (2), ROOM NO. 241, 2ND FLOOR, BMTC BUILDING, 80 FEET ROAD, KORAMANGALA, BENGALURU-560 095. …RESPONDENT

2 THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW STATED ABOVE; ALLOW THE APPEAL AND SET-ASIDE THE IMPUGNED ORDER OF THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU ‘A’ BENCH BEARING IN IT(TP)A NO.1661/BANG/2016 DATED: 16.11.2018 (IN SO FAR AS SAME IS PREJUDICIAL TO THE APPELLANT) AND PASS SUCH OTHER SUITABLE ORDERS INCLUDING ORDER AS TO COSTS AS THIS HON’BLE COURT MAY DEEM FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL COMING ON FOR ORDERS, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

JUDGMENT

A memo of withdrawal has been filed by the counsel for the appellant. Memo is taken on record. Accordingly, the appeal is dismissed as withdrawn.

Sd/-

JUDGE

Sd/-

JUDGE BVK

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