M/S JAI BHARATH METAL vs. THE DEPUTY COMMISSIONER OF INCOME TAX

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ITA/43/2012HC KarnatakaKAHC01052278201215 January 2021Bench: ALOK ARADHE,R. NATARAJ2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Karnataka considered the memo filed by the learned counsel for the assessee seeking leave 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 Consequently, the High Court dismissed the appeal as withdrawn.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 any substantial questions of law that might have been raised. The operative direction was solely to dismiss the appeal due to its withdrawal by the appellant.

What were the facts?

This case involves an appeal filed by M/s. Jai Bharat Metal Rolling Mills (the assessee) against an order passed by the Income Tax Appellate Tribunal (ITAT). The appeal is directed against an order dated 10.11.2010 in ITA No.17/BANG/2010 and a subsequent order dated 28.09.2011 in MP No.32/BANG/2011, both pertaining to the Assessment Year 2006-07. The assessee, represented by its partner, challenged these orders before the High Court of Karnataka. The revenue was represented by the Deputy Commissioner of Income-tax. The appeal was filed under Section 260-A of the Income Tax Act, 1961.

What were the issues?

The primary issue before the High Court was to consider the appeal filed by the assessee against the orders of the ITAT. The assessee sought to formulate substantial questions of law and prayed for the setting aside of the ITAT's orders. The judgment does not explicitly state the specific grounds or substantial questions of law that were intended to be argued. However, the nature of the appeal under Section 260-A suggests that it would involve questions of law arising from the ITAT's decision. The assessee's counsel sought leave to withdraw the appeal. The revenue was represented by its counsel, Mr. K.V. Aravind.

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 15TH DAY OF JANUARY 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY I.T.A. NO.43 OF 2012 BETWEEN: M/S. JAI BHARATH METAL ROLLING MILLS C/O. CENNEYS GATE WAY 97/4, SARADHA COLLEGE ROAD FIVE ROADS, SALEM-636004 REP. BY ITS PARTNER SRI. S. BALAJI AGED ABOUT 27 YEARS S/O SRI. S.S. SHANMUGAM. .... APPELLANT (BY MR. JINITA CHATTERJEE, ADV., FOR MR. S. PARTHASARATHI, ADV.,) AND: THE DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-1(1), 6TH FLOOR HMT BHAVAN, BELLARY ROAD BANGALORE. ... 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 10.11.2010 PASSED IN ITA NO.17/BANG/2010 AND ORDER DATED 28-09-2011 BEARING MP NO.32/BANG/2011 (IN ITA NO.17/BANG/2010), FOR THE ASSESSMENT YEAR 2006-07, PRAYING TO:

2 (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN. (ii) ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 10-11-2010 PASSED BY THE ITAT BEARING ITA NO.17/BANG/2010 AND ORDER DATED 28-09-2011 BEARING MP NO.32/BANG/2011 (IN ITA NO.17/BANG/2010), IN THE INTEREST OF JUSTICE AND EQUITY. THIS I.T.A. COMING ON FOR ORDERS, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Smt.Jinitha Chatterjee, learned counsel for the assessee has entered appearance through video conferencing. 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. Accordingly, the appeal is dismissed as withdrawn. Sd/- JUDGE Sd/- JUDGE RV

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