THE COMMISSIONER OF INCOME TAX vs. M/S GE INDIA TECHNOLOGY CENTRE PVT LTD.,

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ITA/283/2013HC KarnatakaKAHC01025514201312 July 2013Bench: D.V.SHYLENDRA KUMAR,B.S.INDRAKALA2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court noted the submission made by the learned standing counsel for the appellants (revenue) that the appeal was preferred under a mistaken impression that it involved disputed questions of law which had been erroneously decided by the Tribunal. The revenue acknowledged that the legal position had been accepted and therefore, did not press the appeal for examination on merits. Consequently, the revenue sought permission to withdraw the appeal. The Court recorded the submission and the memo filed to this effect. The appeal was accordingly dismissed as withdrawn.

What were the facts?

The appeal was filed by the Commissioner of Income Tax and the Deputy Director of Income Tax (appellants/revenue) against an order dated 31.12.2012 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No. 487/BANG/2011. The assessment year in question was 2005-06. The respondent is M/s GE India Technology Centre Pvt. Ltd. The revenue preferred the appeal under Section 260-A of the Income Tax Act, 1961, believing that the ITAT had erroneously decided disputed questions of law. However, upon reviewing the matter, the revenue realized that the legal position had been accepted.

What were the issues?

1. Whether the appeal filed by the revenue involves disputed questions of law which were erroneously decided by the ITAT, as contemplated under Section 260-A of the Income Tax Act, 1961. Assessee's Contention: The judgment does not record any specific contentions made by the assessee. The appeal was withdrawn by the revenue. Revenue's Contention: The revenue initially believed that the appeal involved disputed questions of law that were erroneously decided by the ITAT. However, they later submitted that the legal position has been accepted and therefore, they do not press the appeal to be examined on merits, seeking permission to withdraw.

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 BANGALORE DATED THIS THE 12TH DAY OF JULY, 2013 PRESENT THE HON’BLE MR. JUSTICE D V SHYLENDRA KUMAR AND THE HON’BLE MRS. JUSTICE B S INDRAKALA ITA No.283 of 2013 BETWEEN:

1.

THE COMMISSIONER OF INCOME TAX C R BUILDING QUEENS ROAD BANGALORE

2.

THE DEPUTY DIRECTOR OF INCOME-TAX CIRCLE – 11(3) RASHTROTHANA BHAVAN NRUPATHUNGA ROAD BANGALORE.

… APPELLANTS

[By Sri K V Aravind, Standing Counsel]

AND:

M/S GE INDIA TECHNOLOGY CENTRE PVT. LTD., NO.122, EXPORT PROMOTION INDL. PARK WHITEFIELD ROAD BANGALORE – 560 066

… RESPONDENT

THIS APPEAL IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 31.12.2012 PASSED IN ITA NO. 487/BANG/2011, FOR THE ASSESSMENT YEAR 2005-06 AND ETC.,

THIS APPEAL COMING ON FOR ORDERS, THIS DAY, D V SHYLENDRA KUMAR. J., DELIVERED THE FOLLOWING:

2 JUDGMENT

Sri. K V Aravind, learned standing counsel appearing for the appellants – revenue submits that the appeal had been preferred by mistaken impression that the appeal involved disputed questions of law which had been erroneously decided by the Tribunal; that however, noticing the position that legal position has been accepted by the revenue, the appellants do not press the above appeal to be examined on merits and seeks permission of the court to withdraw the appeal.

2.

A memo is filed to this effect.

3.

Submission recorded. Memo received on record.

4.

This appeal is dismissed as withdrawn.

Sd/- JUDGE

Sd/- JUDGE AN/-

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