M/S A G EXPORTS INDUSTRIES vs. THE INCOME TAX OFFICER

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ITA/497/2014HC KarnatakaKAHC01042898201402 December 2020Bench: ALOK ARADHE,H.T. NARENDRA PRASAD2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court noted that the learned counsel for the assessee sought leave to withdraw the appeal. Consequently, the High Court dismissed the appeal as withdrawn. No decision was made on the merits of the case. 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 appeal was filed by M/s A.G. Exports Industries (the assessee) against the Income Tax Officer, Ward-6(4), Bangalore (the revenue). The assessment year in question is 2007-08. The appeal arises out of an order dated July 4, 2014, passed by the Income Tax Appellate Tribunal (ITAT) in ITA Nos. 7 & 6/Bang/2012. The assessee is seeking to set aside the order of the ITAT. The appeal is before the High Court of Karnataka.

What were the issues?

The primary issue is whether the High Court should formulate substantial questions of law and allow the appeal filed by the assessee. The assessee's counsel sought leave to withdraw the appeal. The revenue's contentions are not recorded in the judgment. The judgment does not explicitly state the substantial questions of law that were to be formulated, but the appeal is filed under Section 260-A of the Income Tax Act, 1961, which pertains to appeals to the High Court from orders of the ITAT.

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 02ND DAY OF DECEMBER 2020 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD I.T.A. NO.497 OF 2014 BETWEEN: M/S A.G. EXPORTS INDUSTRIES NO.16B, PEENYA INDUSTRIAL AREA, I PHASE BANGALORE-560 058. .... APPELLANT (By Sri.BALRAM R RAO., ADVOCATE) AND: THE INCOME TAX OFFICER WARD-6(4) BANGALORE. ... RESPONDENT (By Sri.K.V. ARAVIND, ADVOCATE) - - - THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 04.07.2014 PASSED IN ITA NO.7 & 6/BANG/2012 FOR THE ASSESSMENT YEAR 2007-08. & PRAYING THIS HON'BLE COURT TO: i. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. ii. ALLOW THE APPEAL AND SET ASIDE THE ORDER OF THE INCOME TAX APPELLATE TRIBUNAL DATED:

2 04.07.2014 BEARING IN ITA NO.7 & 6/BANG/2012 FOR THE ASSESMENT YEAR 2007-08. THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Mr.Balram R.Rao, learned counsel for the appellant has entered appearance through video conferencing. Mr.K.V.Aravind, learned counsel for the revenue. 2. Learned counsel for the assessee seeks leave of this Court to withdraw the appeal. Accordingly, the appeal is dismissed as withdrawn. Sd/- JUDGE Sd/- JUDGE RV

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