SRI. KAMLESH SHANTILAL OSWAL JAIN vs. THE INCOME TAX OFFICER

PDF · subscribers
ITA/409/2016HC KarnatakaKAHC01032509201601 February 2021Bench: ALOK ARADHE,R. NATARAJ2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court considered the memo filed by the assessee's counsel seeking to withdraw the appeal. For the reasons stated in the memo, the Court dismissed the appeal as withdrawn. However, liberty was granted to the assessee to revive the appeal if the occasion arises. No decision was made on the merits of the substantial questions of law that were intended to be raised.

What were the facts?

The appeal was filed by the assessee, Sri. Kamlesh Shantilal Oswal Jain, proprietor of MK Trading, against an order dated March 18, 2016, passed by the Income Tax Appellate Tribunal, Bangalore Bench, in ITA No. 883/Bang/2013. The appeal pertains to the assessment year 2009-10. The assessee sought to formulate substantial questions of law and set aside the Tribunal's findings to the extent they were against him. The revenue was represented by the Income Tax Officer.

What were the issues?

The primary issue before the High Court was whether to entertain the substantial questions of law proposed by the assessee. The assessee's counsel filed a memo seeking leave to withdraw the appeal. The judgment does not record any specific arguments made by either the assessee or the revenue on the merits of the case before the High Court, as the appeal was withdrawn at the outset.

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 1ST DAY OF FEBRUARY 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY I.T.A. NO.409 OF 2016 BETWEEN: SRI. KAMLESH SHANTILAL OSWAL JAIN PROP: MK TRADING NO.10 ES LANE, CHICKPET CROSS BANGALORE-560053. .... APPELLANT (BY MR. A. SHANKAR, SR. COUNSEL WITH MR. S. ANNAMALAI, ADV., FOR MR. M. LAVA, ADV.,) AND: THE INCOME TAX OFFICER WARD-5(3), BANGALORE-560027. PRESENTLY: THE INCOME TAX OFFICER WARD 2(3)(3), BMTC BUILDING 6TH BLOCK, KORAMANGALA BENGALURU-560095. ... RESPONDENT (BY 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 18.03.2016 PASSED IN ITA NO.883/BANG/2013 FOR THE ASSESSMENT YEAR 2009-10, PRAYING TO: (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT.

2 (ii) ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE INCOME TAX APPELLANT TRIBUNAL, BANGALORE BENCH IN ITA NO.883/BANG/2013 RELATING TO ASSESSMENT YEAR 2009- 10 VIDE ITS ORDER DATED 18.03.2016 & ETC., THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Mr.A.Shankar, learned Senior 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

More judgments on Section 260-A

All 2,570 judgments and leading authorities on Section 260-A →

Latest GST High Court judgments

Search GST case law →