M/S ARCHIDPLY INDUSTRIES LIMITED vs. THE DEPUTY COMMISSIONER OF INCOME TAX

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ITA/391/2018HC KarnatakaKAHC01053354201815 July 2021Bench: SATISH CHANDRA SHARMA,R. NATARAJ2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court noted that a memo had been filed by the learned counsel for the appellant seeking withdrawal of the appeal. The reason for withdrawal was that the assessee had approached the Income Tax Department under the Vivad Se Vishwas Scheme. The Court accepted the memo and accordingly dismissed the appeal as withdrawn. The appellant was granted liberty to approach the High Court again if the need arose in the future. No decision was made on the substantial questions of law or the merits of the original ITAT order.

What were the facts?

The appellant, M/s Archidply Industries Limited, filed an appeal before the High Court of Karnataka against an order dated January 31, 2018, passed by the Income Tax Appellate Tribunal (ITAT), Bengaluru Bench 'B', in ITA No. 1151/Bang/2017. This appeal pertained to the assessment year 2011-2012. The appeal was filed under Section 260-A of the Income Tax Act, 1961. The respondent was the Deputy Commissioner of Income Tax, Circle -11(1). The High Court was to consider substantial questions of law framed by the appellant.

What were the issues?

The primary issue before the High Court was whether to admit and decide the substantial questions of law framed by the appellant. The appellant, M/s Archidply Industries Limited, sought to have the order of the ITAT set aside. The revenue, represented by the Deputy Commissioner of Income Tax, was the respondent. The judgment does not record specific arguments made by either the assessee or the revenue regarding the merits of the case. Instead, it focuses on a procedural development that led to the disposal of the appeal.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15TH DAY OF JULY, 2021

PRESENT

THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

AND

THE HON'BLE MR. JUSTICE NATARAJ RANGASWAMY

ITA NO.391/2018

BETWEEN

M/S ARCHIDPLY INDUSTRIES LIMITED REP BY ITS COMPANY SECRETARY SRI RAJNEESH SHARMA # 29/2, G K MANOR , 1ST FLOOR, NEHRU CIRCLE, SHESHADRIPURAM BENGALURU - 560020 PAN NO: AAFCA3135N ...APPELLANT

(By SRI : M LAVA, ADVOCATE)

AND

THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE -11(1) BMTC BUILDING 80 FEET ROAD, 6TH BLOCK, KORAMANGALA BENGALURU - 560095

…RESPONDENT (By SRI : K.V.ARAVIND, ADVOCATE)

THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 31.01.2018 PASSED IN ITA NO. 1151/BANG/2017, FOR THE ASSESSMENT YEAR 2011-2012 [VIDE ANNEXURE-A], PRAYING TO A) TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AS STATED AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT. B) TO ALLOW THE APPEAL AND SET ASIDE THE

FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU BENCH 'B' BENGALURU IN ITA NO. 1151/BANG/2017 DATED 31.01.2018 FOR THE ASSESSMENT YEAR 2011-2012 [VIDE ANNEXURE-A] AND ETC.,

THIS ITA IS COMING ON FOR HEARING THIS DAY, SATISH CHANDRA SHARMA J., DELIVERED THE FOLLOWING:

JUDGMENT

A memo has been filed by the learned counsel for the appellant for withdrawal of the appeal as the assessee has approached the Income Tax Department under Vivad Se Vishwas Scheme.

The memo is accepted. Accordingly, the appeal stands dismissed as withdrawn with a liberty to the appellant to approach this Court in case need so arises in future.

Sd/- JUDGE

Sd/- JUDGE

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