SRI J PRASHANTH HEGDE vs. ASST COMMISSIONER OF INCOME TAX

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ITA/404/2015HC KarnatakaKAHC01040397201506 January 2021Bench: ALOK ARADHE,R. NATARAJ2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court did not decide the substantial questions of law on merits. Instead, the learned counsel for the assessee filed a memo seeking leave of the Court to withdraw the appeal. The Court took the memo on record and, for the reasons assigned therein, dismissed the appeal as withdrawn. The Court granted liberty to the assessee to revive the appeal if occasion so arises. No decision was made on the merits of the ITAT's order.

What were the facts?

The appellant, Sri J. Prashanth Hegde, filed an appeal before the High Court of Karnataka against an order dated April 1, 2015, passed by the Income Tax Appellate Tribunal (ITAT), Bangalore Bench, in ITA No. 1527/Bang/2013. This order pertained to the assessment year 2006-07. 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, Shimoga. The High Court was seized of the matter for hearing the appeal.

What were the issues?

The primary issue before the High Court was to formulate substantial questions of law arising from the ITAT's order dated April 1, 2015, for the assessment year 2006-07 and answer them in favour of the appellant. The appellant sought to set aside the findings of the ITAT to the extent they were against the appellant. The judgment does not record specific arguments made by either the assessee or the revenue regarding the merits of the case. However, the appellant's prayer indicates a challenge to the ITAT's decision.

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 6TH DAY OF JANUARY 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY I.T.A. NO.404 OF 2015 BETWEEN: SRI. J. PRASHANTH HEGDE 1ST CROSS, MISSION COMPOUND SHIMOGA-577201. .... APPELLANT (BY MR. NARENDRA SHARMA, ADV., FOR MR. A. SHANKAR & MR. M. LAVA, ADVS.,) AND: ASST. COMMISSIONER OF INCOME TAX CIRCLE-1, GOPALAGOWDA EXTN., 100 FT. ROAD, SHIMOGA-577202. ... RESPONDENT (BY MR. DILIP 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 01.04.2015 PASSED IN ITA NO.1527/BANG/2013 FOR THE ASSESSMENT YEAR 2006- 07, PRAYING TO: (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE AND ANSER THE SAME IN FAVOUR OF THE APPELLANT. (ii) ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE ITAT, BANGALORE BENCH IN ITA NO.1527/BANG/2013

2 RELATING TO ASSESSMENT YEAR 2006-07 VIDE ITS ORDER DATED 01-04-2015. THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Mr.Narendra Sharma, learned counsel for 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. The aforesaid memo is taken on record. 2. For the reasons assigned in the memo, 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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