THE PR.COMMISSIONER OF INCOME TAX vs. M/S. IKANOS COMMUNICATION

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ITA/349/2016HC KarnatakaKAHC01029872201624 July 2018Bench: S.SUJATHA,VINEET KOTHARI2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Karnataka, on 24th July 2018, considered the memo filed by the learned counsel for the appellants-Revenue seeking leave to withdraw the appeal. The learned counsel for the respondent-assessee had no objection to the withdrawal. Consequently, the High Court ordered that the appeal stands dismissed as withdrawn. No decision was made on the merits of the substantial questions of law that were intended to be formulated, as the appeal was withdrawn by the Revenue.

What were the facts?

The appellants, the Principal Commissioner of Income Tax and the Deputy Commissioner of Income Tax, filed an appeal under Section 260-A of the Income Tax Act, 1961, before the High Court of Karnataka. The appeal challenged an order passed by the Income Tax Appellate Tribunal (ITAT), Bangalore, in C.O. No. 109/BANG/2015 dated 10/11/2015. The revenue sought to set aside the ITAT's order and confirm the order of the Dispute Resolution Panel (DRP) which had upheld the order of the Deputy Commissioner of Income Tax. The respondent is M/s. Ikanos Communication India Pvt. Ltd. The assessment year(s) are not explicitly stated in the provided text.

What were the issues?

1. Whether the High Court should formulate substantial questions of law arising from the ITAT's order dated 10/11/2015 in C.O. No. 109/BANG/2015, and allow the appeal filed by the Revenue. Assessee's Contention: The judgment does not record any specific contentions made by the assessee regarding the substantial questions of law or the merits of the case. Revenue's Contention: The Revenue, through its counsel, filed a memo seeking leave of the Court to withdraw the appeal. The memo dated 24.07.2018 indicates the Revenue's intention to withdraw the appeal.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

1/2 IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 24TH DAY OF JULY 2018

PRESENT

THE HON'BLE Dr.JUSTICE VINEET KOTHARI

AND

THE HON’BLE Mrs.JUSTICE S.SUJATHA

I.T.A.No.349/2016 BETWEEN:

1.

THE PR. COMMISSIONER OF INCOME –TAX, 5TH FLOOR, BMTC BUILDING, 80 FEET ROAD, KORMANGALA, BANGALORE-560095.

2.

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -3(1)(1), 2ND FLOOR, BMTC BUILDING, 80 FEET ROAD, KORMANGALA, BANGALORE-560095.

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

AND:

M/S. IKANOS COMMUNICATION INDIA PVT.LTD., 3RD FLOOR, CORPORATE MILLER, NO.332/1, THIMMAIAH ROAD, VASANTHNAGAR, BANGALORE - 560 052. PAN: AABCI 1928F.

…RESPONDENT

(By Mr. SANDEEP HUILGOL, ADV.)

THIS I.T.A. IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE AND ALLOW THE APPEAL

Date of Judgment 24-07-2018 I.T.A.No.349/2016 The Pr.Commissioner of Income Tax & Anr., Vs. M/s. Ikanos Communication India Pvt.Ltd.,

2/2

AND SET ASIDE THE ORDERS PASSED BY THE ITAT, BANGALORE IN C.O. NO. 109/BANG/2015 DATED 10/11/2015 ANNEXURE D AND CONFIRM THE ORDER OF THE DRP CONFIRMING THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(1). BANGALORE.

THIS I.T.A. COMING ON FOR HEARING, THIS DAY S. SUJATHA J. DELIVERED THE FOLLOWING:-

JUDGMENT

Mr. K.V.Aravind, Adv. for Appellants-Revenue Mr. Sandeep Huilgol. Adv. for Respondent-Assessee

Learned counsel for the appellants-Revenue has filed a memo dated 24.07.2018 seeking leave of this Court to withdraw the appeal.

The memo is taken on record.

Learned counsel for the Respondent-assessee has no objection for the same.

The appeal stands dismissed as withdrawn.

Sd/- JUDGE

Sd/-

JUDGE TL

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