M/S THE KOLAR & CHIKKABALLAPUR DISTRICT vs. THE DEPUTY COMMISSIONER

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ITA/33/2018HC KarnatakaKAHC01033043201805 February 2021Bench: SATISH CHANDRA SHARMA,V SRISHANANDA2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court noted that the learned counsel for the appellant had filed a memo dated February 5, 2021, seeking withdrawal of the appeal. The memo was placed on record and allowed by the Court. Consequently, the High Court dismissed the appeal as withdrawn. No decision was made on the merits of the case or any substantial questions of law that might have been formulated. The operative direction was to dismiss the appeal as withdrawn.

What were the facts?

The appellant, M/s The Kolar and Chikkaballapur District Co-operative Central Bank Limited, filed an appeal under Section 260-A of the Income Tax Act, 1961, before the High Court of Karnataka. The appeal arose from an order dated July 28, 2017, passed by the Income Tax Appellate Tribunal (ITAT) in ITA Nos. 1497, 1500, and 1658/BANG/2016. These appeals before the ITAT pertained to the assessment years 2009-10 and 2010-11. The appellant sought to set aside the ITAT's order. The respondents were the Deputy Commissioner of Income Tax, Circle 4(2)(1), Bengaluru. The High Court was to formulate substantial questions of law and decide the appeal.

What were the issues?

The High Court was to decide whether to formulate substantial questions of law arising from the ITAT's order dated July 28, 2017, concerning assessment years 2009-10 and 2010-11. The appellant sought to set aside the ITAT's order. The judgment does not record specific arguments made by either the appellant or the revenue before the High Court. However, the appellant's prayer indicates a challenge to the ITAT's decision. The specific grounds or issues that led to the ITAT's order are not detailed in this High Court judgment.

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 FEBRUARY, 2021

PRESENT

THE HON’BLE MR. JUSTICE SATISH CHANDRA SHARMA

AND

THE HON’BLE MR. JUSTICE V. SRISHANANDA

I.T.A. NO. 33/2018

BETWEEN:

M/S THE KOLAR AND CHIKKABALLAPUR DISTRICT CO-OPERATIVE CENTRAL BANK LIMITED P.B.NO: 11, D.C.C BANK ROAD KOLAR – 563101. REPRESENTED BY: CHIEF EXECUTIVE OFFICER SRI VENKATAPPA M .... APPELLANT (BY SRI ATUL K ALUR, ADVOCATE)

AND:

1.

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 4(2)(1) BMTC BUILDING, 80 FEET ROAD BENGALURU – 560095.

2.

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 4(2)(1) BMTC BUILDING, 80 FEET ROAD BENGALURU – 560095. ... RESPONDENTS (BY SRI E.I SANMATI, ADVOCATE)

THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED: 28/07/2017 BEARING ITA NOS. 1497, 1500 AND 1658/BANG/2016, FOR

THE ASSESSMEN YEAR: 2009-10 AND 2010-11, PRAYING THIS HON’BLE COURT TO: FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AND ALLOW THE APPEAL AND SET-ASIDE THE ORDER OF THE INCOME TAX APPELLATE TRIBUNAL DATED: 28.07.2017 BEARING ITA NOS-1497, 1500 AND 1658/BANG/2016 FOR THE ASSESSMENT YEARS: 2009-10 AND 2010-11 AND PASS SUCH OTHER SUITABLE ORDERS AS THIS HON’BLE COURT DEEMS FIT TO GRANT ON THE FACTS AND CIRCUMSTANCES OF THE CASE.

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

Learned counsel for the appellant has filed a memo dated 05.02.2021 for withdrawal of the appeal.

The said memo is placed on record.

The memo is allowed. The appeal is dismissed as withdrawn.

Sd/-

JUDGE

Sd/- JUDGE

KGR*

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