THE PR. COMMISSIONER OF INCOME -TAX CIT(A) vs. M/S E4E BUSINESS SOLUTIONS INDIA PVT LTD

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ITA/340/2016HC KarnatakaKAHC01049818201626 June 2018Bench: S.SUJATHA,VINEET KOTHARI2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Karnataka, on 26th June 2018, considered the appeal filed by the Revenue. The learned counsel for the appellants-Revenue submitted a memo seeking withdrawal of the appeal. The opposite counsel for the respondent-assessee had no objection to this request. Consequently, the High Court dismissed the appeal as withdrawn. No decision was made on the merits of the case or the substantial questions of law that were intended to be formulated.

What were the facts?

The appeal was filed by the Principal Commissioner of Income-tax and the Deputy Commissioner of Income-tax (Revenue) against an order passed by the Income-tax Appellate Tribunal (ITAT), Bengaluru. The ITAT's order, dated 04/11/2015 in IT(TP)A No.220/Bang/2015, had confirmed an order passed by the Dispute Resolution Panel (DRP) and consequently the order of the Deputy Commissioner of Income-tax, Circle-3(1)(2), Bengaluru. The assessee is M/s. E4E Business Solutions India Pvt. Ltd. The appeal was filed under Section 260-A of the Income Tax Act, 1961, seeking to formulate substantial questions of law and set aside the ITAT's order. The appeal came up for admission before the High Court of Karnataka.

What were the issues?

1. Whether the substantial questions of law, as formulated by the appellants, arise for consideration in this appeal under Section 260-A of the Income Tax Act, 1961. Contentions: Assessee: The respondent-assessee's counsel had no objection to the withdrawal of the appeal. Revenue: The appellants-Revenue, through their learned counsel, filed a memo seeking withdrawal of the appeal.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 26th DAY OF JUNE 2018

PRESENT

THE HON'BLE Dr.JUSTICE VINEET KOTHARI

AND

THE HON’BLE Mrs.JUSTICE S.SUJATHA

I.T.A.No.340/2016

BETWEEN:

1.

THE Pr. COMMISSIONER OF INCOME TAX, CIT (A) 5TH FLOOR, BMTC BUILDING 80 FEET ROAD, KORMANGALA BANGALORE-560 095.

2.

THE DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-3(1)(2), 2ND FLOOR BMTC BUILDING, 80 FEET ROAD KORMANGALA, BANGALORE-560 095.

…APPELLANTS (BY Mr. K.V. ARAVIND, ADV.)

AND:

M/S. E4E BUSINESS SOLUTIONS INDIA PVT. LTD., UNIT No.1303-1304, 13TH FLOOR PRESTIGE MERIDIAN-II No.30, M.G. ROAD, BANGALORE PAN:AAACI 6324A.

…RESPONDENT (BY Mr. A. SHANKAR, ADVS.)

THIS I.T.A IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, PRAYING TO (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. (ii) ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT,

Date of Judgment 26-06-2018 I.T.A.No.340/2016 The Pr. Commissioner of Income-tax, CIT (A) & Anr. Vs. M/s. E4E Business Solutions India Pvt. Ltd.,

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BENGALURU IN IT(TP)A No.220/Bang/2015 DATED 04/11/2015 CONFIRMING THE ORDER OF THE DRP AND CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(2), BENGALURU & ETC.,

THIS I.T.A. COMING ON FOR ADMISSION, THIS DAY Dr. VINEET KOTHARI J. DELIVERED THE FOLLOWING:-

JUDGMENT

Mr. K.V. Aravind, Adv. for Appellants - Revenue Mr. A. Shankar, Adv. for Respondent - Assessee

1.

Learned counsel for the Appellants-Revenue Mr.K.V.Aravind has filed a memo seeking withdrawal of the Appeal.

2.

Opposite counsel has no objection. Hence, the appeal is dismissed as withdrawn.

Sd/- JUDGE

Sd/-

JUDGE

Srl.

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