SRI S NEMICHAND vs. THE ASSISTANT COMMISSIONER OF INCOME TAX

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ITA/362/2013HC KarnatakaKAHC01030396201329 March 2021Bench: ALOK ARADHE,M.G.S. KAMAL2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court took the memo filed by the assessee on record. The assessee sought to withdraw the appeal on the ground of an amicable settlement reached under the Vivad se Vishwas scheme. Consequently, the High Court dismissed the appeal as withdrawn. The Court granted liberty to the assessee to revive the appeal if the occasion arises. No decision was made on the substantial questions of law or the merits of the ITAT's order, as the appeal was disposed of on procedural grounds due to the settlement.

What were the facts?

The appeal was filed by the assessee, Sri. S. Nemichand, against an order dated March 15, 2013, passed by the Income Tax Appellate Tribunal (ITAT), 'B' Bench, Bangalore, in ITA No. 363/Bang/2012 and C.O. 78/Bang/2012. The assessment year in question is 1994-95. The assessee sought to set aside the ITAT's order. The appeal was filed under Section 260-A of the Income Tax Act, 1961. The revenue was represented by the Assistant Commissioner of Income Tax, Circle 1(1), Bangalore.

What were the issues?

The primary issue before the High Court was whether to formulate substantial questions of law and allow the appeal to set aside the order of the ITAT. The assessee, through their counsel, filed a memo seeking leave to withdraw the appeal. The ground for withdrawal was that the dispute had been amicably settled under the Vivad se Vishwas scheme. The revenue, through its counsel, was present during these proceedings. No specific arguments were recorded from the revenue's side regarding the merits of the case, as the appeal was withdrawn by the assessee.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE M.G.S. KAMAL I.T.A. NO.362 OF 2013 BETWEEN: SRI. S. NEMICHAND #34, MAMULPET, BANGALORE-560053. .... APPELLANT (BY MR. M. LAVA, ADV.,) AND: THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 1(1), H.M.T. BHAVAN #59, BELLARY ROAD, GANGENHALLI BANGALORE-560032. ... RESPONDENT (BY MR. DILEEP KUMAR, ADV., FOR MR. K.V. ARAVIND, ADV.,) - - - THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 15.03.2013 PASSED IN ITA NO.363/BANG/2012 AND C.O.78/BANG/2012 FOR THE ASSESSMENT YEAR 1994-95, PRAYING TO: (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN. (ii) ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT, 'B' BENCH, BANGALORE IN ITA NO.363/BANG/2012 AND C.O.78/BANG/2012 DATED 15.03.2013.

2 THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Mr.M.Lava, learned counsel for the assessee. Mr.Dilip Kumar, learned counsel for Mr.K.V.Aravind, learned counsel for the revenue. Learned counsel for the assessee has filed a memo seeking leave of this Court to withdraw the appeal on the ground that the dispute has been amicably settled under Vivad se Vishwas scheme. The aforesaid memo is taken on record. Accordingly, the appeal is dismissed as withdrawn with liberty to the assessee to revive the same if occasion so arises. Sd/- JUDGE Sd/- JUDGE RV

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