M/S GENISYS INFORMATION SYSTEMS vs. INCOME-TAX OFFICER

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ITA/353/2015HC KarnatakaKAHC01037500201517 July 2018Bench: S.SUJATHA,VINEET KOTHARI2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court noted that the learned counsel for the appellant-Assessee had filed a memo seeking leave of the Court to withdraw the appeal. The learned counsel for the respondent-Revenue stated that they had no objections to this request. Consequently, the High Court took the memo on record and dismissed the appeal as withdrawn. No decision was made on the merits of the substantial questions of law or the ITAT's order. The operative direction was to dismiss the appeal as withdrawn.

What were the facts?

The assessee, M/s Genisys Information Systems India Pvt. 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 15/05/2015 passed by the Income Tax Appellate Tribunal (ITAT), Bengaluru 'A' Bench, in MA No. 27(B)/2015 in IT(TP)A No. 17/BANG/2014. The assessment year in question is 2009-2010. The appeal sought to set aside the order of the ITAT. The appeal was filed by the assessee and the respondent was the Income-tax Officer, Ward - 11 (2). The procedural history leading to the ITAT order is not detailed in this judgment.

What were the issues?

1. Whether the High Court should formulate substantial questions of law arising from the ITAT's order dated 15/05/2015 in MA No. 27(B)/2015 in IT(TP)A No. 17/BANG/2014 for the assessment year 2009-2010. The assessee argued for the formulation of substantial questions of law and for the allowance of the appeal, seeking to set aside the ITAT's order. The revenue did not record any specific arguments in this judgment, but their counsel was present and had no objections to the assessee's request 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 17TH DAY OF JULY 2018

PRESENT

THE HON’BLE DR.JUSTICE VINEET KOTHARI

AND

THE HON’BLE MRS.JUSTICE S.SUJATHA

I.T.A. No.353/2015

BETWEEN:

M/S GENISYS INFORMATION SYSTEMS INDIA PVT. LTD, NO.43-46, & 33-36, EXPORT PROMOTION INDUSTRIAL PARK, WHITEFIELD ROAD, BENGALURU – 560 066 (REPRESENTED BY ITS DIRECTOR, SRI.M.NANDAKISHORE, AGED ABOUT 57 YEARS, S/O LATE U B MENON)

... APPELLANT

(BY SRI.S.SHARATH, ADV.)

AND:

INCOME - TAX OFFICER WARD - 11 (2) 5TH FLOOR, RASHTHROTHANA BHAVAN, NRUPATHUNGA ROAD, BENGALURU – 560 001

... RESPONDENT

(BY SRI.K V ARAVIND, ADV.)

THIS ITA IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED:15/05/2015 PASSED IN MA NO. 27(B)/2015 IN IT(TP)A NO.17/BANG/2014, FOR THE ASSESSMENT YEAR 2009-2010 ANNEXURE – A PRAYING TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS

Date of Judgment 17-07-2018, ITA No.353/2015 M/s. Genisys Information Systems India Pvt. Ltd. Vs. Income-tax Officer

2/2

OF LAW STATED ABOVE II. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT, BENGALURU 'A' BENCH BEARING IN MA NO.27(B)/2015 IN IT(TP)A NO.17/BANG/2014 DATED:15/05/2015 ANNEXURE - A AND ETC.

THIS APPEAL COMING ON FOR HEARING THIS DAY, S.SUJATHA, J., DELIVERED THE FOLLOWING:

J U D G M E N T

Mr.S.Sharath, Adv. for Appellant – Revenue. Mr.K.V.Aravind, Adv. for Respondent – Assessee.

Learned counsel for the appellant-Assessee has filed a memo seeking leave of the Court to withdraw the appeal. Learned counsel for the respondent-Revenue has no objections. Taking the memo on record, the appeal is dismissed as withdrawn.

Sd/- JUDGE

Sd/- JUDGE

ln.

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