M/S GENISYS INFORMATION SYSTEMS vs. INCOME-TAX OFFICER WARD-11 (2)

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ITA/354/2015HC KarnatakaKAHC01037045201517 July 2018Bench: S.SUJATHA,VINEET KOTHARI2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Karnataka, upon considering the memo filed by the appellant-assessee seeking to withdraw the appeal, and noting that the respondent-revenue had no objections, took the memo on record. Consequently, the Court dismissed the appeal as withdrawn. No decision was made on the merits of the substantial questions of law or the underlying dispute between the assessee and the revenue. The operative direction was to dismiss the appeal as withdrawn.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 before the High Court of Karnataka against an order dated September 12, 2014, passed by the Income Tax Appellate Tribunal (ITAT), Bengaluru 'A' Bench. The appeal pertains to the assessment year 2009-2010. The appellant sought to formulate substantial questions of law and set aside the impugned order of the ITAT, to the extent it was prejudicial to the assessee. The Income Tax Officer, Ward-11(2), Bengaluru, is the respondent.

What were the issues?

1. Whether the appeal filed under Section 260-A of the Income Tax Act, 1961, should be allowed, and the impugned order of the ITAT set aside as prayed by the appellant? The assessee, through its counsel, filed a memo seeking leave of the Court to withdraw the appeal. The revenue, through its counsel, stated that it had no objections to the withdrawal of the appeal. No arguments were recorded for either side on the merits of the case as the appeal was withdrawn.

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.354/2015

BETWEEN :

M/s GENISYS INFORMATION SYSTEMS INDIA PVT. LTD., NO.43-46 & 33-36, EXPORT PROMOTION INDUSTRIAL PARK, WHITEFIELD ROAD, BENGALURU-560 066 REP. 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 12.09.2014 PASSED IN IT(TP)A NO.17/BANG/2014, FOR THE ASSESSMENT YEAR 2009-2010 ANNEXURE-A. PRAYING TO: I. FORMULATE

Date of Judgment 17-07-2018, ITA No.354/2015 M/s Genisys Information Systems India Pvt. Ltd. Vs. Income Tax Officer

2/2

THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. II. ALLOW THE APPEAL AND SET ASIDE THE IMPUGNED ORDER (SO FAR AS SAME IS PREJUDICIAL TO THE APPELLANT) OF THE ITAT, BENGALURU 'A' BENCH BEARING IN IT(TP)A NO.17/BANG/2014, DATED 12.09.2014 ANNEXURE-A.

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 – Assessee. Mr. M.V.Aravind, Adv. for Respondent – Revenue.

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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