THE COMMISSIONER OF INCOME TAX vs. M/S. KARNATAKA POWER CORPORATION LTD.,

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ITA/407/2014HC KarnatakaKAHC01033012201423 January 2015Bench: B.VEERAPPA,N.KUMAR2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court noted that a memo was filed by the appellant (Revenue) seeking to withdraw the appeal. The memo was taken on record. Consequently, the High Court dismissed the appeal as withdrawn. No decision was made on the merits of the case or the substantial questions of law that were intended to be formulated. The operative direction was to dismiss the appeal. No issues were expressly left undecided, as the appeal was disposed of on a procedural ground.

What were the facts?

The Commissioner of Income-Tax and the Assistant Commissioner of Income-Tax (Appellants) filed an appeal before the High Court of Karnataka against an order passed by the Income Tax Appellate Tribunal (ITAT), Bangalore. The ITAT's order, dated April 11, 2014, was in relation to ITA No. 1381/BANG/2012 for the assessment year 2004-2005. The appeal was filed under Section 260-A of the Income Tax Act, 1961. The appellants sought to set aside the ITAT's order and confirm the order of the Appellate Commissioner, which had upheld the order of the Deputy Commissioner of Income Tax.

What were the issues?

The primary issue before the High Court was whether to formulate substantial questions of law arising from the ITAT's order dated April 11, 2014, in ITA No. 1381/BANG/2012 for the assessment year 2004-2005. The appellants (Revenue) sought to set aside the ITAT's order and restore the order of the Appellate Commissioner. The judgment does not record specific arguments made by either the assessee or the revenue regarding the substantive merits of the case. The appeal was listed for orders.

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 23RD DAY OF JANUARY, 2015 PRESENT THE HON' BLE MR. JUSTICE N. KUMAR AND THE HON' BLE MR. JUSTICE B. VEERAPPA INCOME TAX APPEAL No.407/2014 BETWEEN:

1.

THE COMMISSIONER OF INCOME-TAX,

C.R. BUILDING,

QUEENS ROAD,

BANGALORE.

2.

THE ASSISTANT COMMISSIONER OF INCOME-TAX,

CIRCLE-11(5), RASHTROTHANA BHAVAN, NRUPATHUNGA ROAD, BANGALORE-560 001.

... APPELLANTS (BY SRI. K V ARAVIND, ADVOCATE)

AND:

M/S. KARNATAKA POWERCORPORATION LTD., (FORMERLY VISVESVARAYA VIDYUTH NIGAMA LTD.,) SHAKTHI BHAVAN, No.82, RACE COURSE ROAD, BANGALORE.

... RESPONDENT

2 THIS ITA IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT, 1961, ARISING OUT OF ORDER DATED 11.04.2014 PASSED IN ITA NO. 1381/BANG/2012, FOR THE ASSESSMENT YEAR 2004-2005, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN AND TO ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE ITAT, BANGALORE IN ITA No.1381/BANG/2012 DATED:11.04.2014 AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(5), BANGALORE.

THIS ITA COMING ON FOR ORDERS THIS DAY, N. KUMAR, J., DELIVERED THE FOLLOWING:

JUDGMENT

A memo is filed by the appellant for withdrawing the appeal.

2.

The said memo is taken on record.

3.

Appeal is dismissed as withdrawn.

Sd/-

JUDGE

Sd/-

JUDGE Sbs*

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