TTK PRESTIGE LTD vs. THE DEPUTY COMMISSIONER OF

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ITA/311/2014HC KarnatakaKAHC01026991201415 September 2020Bench: ALOK ARADHE,H.T. NARENDRA PRASAD2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court took the memo filed by the assessee's counsel seeking leave to withdraw the appeal on record. Consequently, the High Court dismissed the appeal as withdrawn. No decision was made on the substantial questions of law or the merits of the case. The operative direction was to dismiss the appeal. No issues were expressly left undecided as the appeal was withdrawn.

What were the facts?

The assessee, TTK Prestige Ltd., 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 dated April 11, 2014, passed by the Income Tax Appellate Tribunal (ITAT) in ITA No.475/BANG/2012. The assessment year in question was 2008-09. The revenue was represented by the Deputy Commissioner of Income Tax, Circle-12(4). The assessee sought to set aside the ITAT's order.

What were the issues?

1. Whether the substantial questions of law, as formulated, warrant interference with the ITAT's order dated April 11, 2014, for the assessment year 2008-09. Assessee's Contention: The assessee's counsel filed a memo seeking leave to withdraw the appeal. No specific arguments were recorded on the merits of the case. Revenue's Contention: The revenue's counsel was present. No specific arguments were recorded on the merits of the case.

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 15TH DAY OF SEPTEMBER 2020

PRESENT

THE HON’BLE MR. JUSTICE ALOK ARADHE

AND

THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD

I.T.A. NO.311 OF 2014

BETWEEN:

TTK PRESTIGE LTD., 11TH FLOOR, BRIGADE TOWERS 135, BRIGADE ROAD BANGALORE-560025. ... APPELLANT (BY Dr. R.B. KRISHNA, ADV.)

AND:

THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-12(4), 4TH FLOOR RASHTROTHANA BHAVAN NRUPATHUNGA ROAD, OPP. RBI BANGALORE-560001. ... RESPONDENT (BY SRI. E.I. SANMATHI, FOR SRI. JEEVAN J. NEERALGI, ADV.,)

- - -

THIS I.T.A. IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961, ARISING OUT OF ORDER DATED 11-04-2014 PASSED IN ITA NO.475/BANG/2012, FOR THE ASSESSMENT YEAR 2008-09, PRAYING TO:

I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. II. ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 11-04- 2014 IN ITA NO.475/BANG/2012 FOR THE ASSESSMENT YEAR 2008-09.

THIS I.T.A. COMING ON FOR FINAL HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

JUDGMENT

Dr.R.B.Krishna, learned counsel for the assessee. Mr.E.I.Sanmathi, learned counsel for the revenue.

2.

Learned counsel for the assessee has filed a memo seeking leave of this Court to withdraw the appeal. The aforesaid memo is taken on record. In the result, the appeal is dismissed as withdrawn.

Sd/- JUDGE

Sd/- JUDGE

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