SRI K S GUNDAPPA SHETTY(HUF) vs. THE INCOME TAX OFFICER

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ITA/498/2018HC KarnatakaKAHC01012670201823 August 2022Bench: P.S.DINESH KUMAR,UMESH M ADIGA2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Karnataka took the memo filed by the appellant on record. It granted the appellant the liberty to withdraw the appeal as prayed for. Consequently, the appeal was disposed of as withdrawn. The court also granted liberty to revive the case if the need arises. No costs were imposed. The specific questions of law that were to be formulated and answered were not addressed on merits as the appeal was withdrawn.

What were the facts?

The appellant, Sri K.S. Gundappa Shetty (HUF), filed an Income Tax Appeal before the High Court of Karnataka challenging an order dated 22/03/2018 passed in ITA No. 2909 to 2911/BANG/2017 by the Income Tax Appellate Tribunal (ITAT), Bangalore Bench. The appeal pertains to assessment years 2006-07 to 2008-09. The assessee is represented by its Kartha, Sri K.S. Gundappa Shetty. The respondent is the Income Tax Officer, Ward-10(2), Bangalore. The appeal was filed under Section 260-A of the Income Tax Act, 1961, seeking formulation and favorable answer to substantial questions of law.

What were the issues?

The primary issue was whether the appeal should be decided on merits or disposed of otherwise. The appellant, through its Senior Advocate, submitted that the assessee wishes to withdraw the appeal because the matter has been settled under the Direct Tax Vivad Se Vishwas Act, 2020. The appellant sought liberty to revive the case if necessary. The revenue's contentions are not recorded in the judgment.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2022 PRESENT THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR AND THE HON'BLE MR. JUSTICE UMESH M. ADIGA INCOME TAX APPEAL NO. 498 OF 2018

BETWEEN: SRI K.S. GUNDAPPA SHETTY(HUF) REP BY KARTHA SRI K.S. GUNDAPPA SHETTY ANJANEYA TEMPLE STREET UTTARAHALLI, SUBRAMANYAPURA POST BANGALORE - 560 061. PAN:AADHG2727B …APPELLANT (BY SHRI. A. SHANKAR, SENIOR ADVOCATE FOR SHRI. BHAIRAV KUTTAIAH, ADVOCATE)

AND: THE INCOME TAX OFFICER WARD-10(2) BMTC BUILDING, 80 FEET ROAD KORAMANGALA, VI BLOCK BANGALORE - 560 095. …RESPONDENT (BY SHRI. DILIP M., ADVOCATE FOR SHRI. K.V. ARAVIND, ADVOCATE)

THIS INCOME TAX APPEAL UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED:22/03/2018 PASSED IN ITA NO.2909 TO 2911/BANG/2017, FOR THE ASSESSMENT YEAR 2006-07 TO 2008-09, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT AND ETC.

Digitally signed by YASHODHA N Location: HIGH COURT OF KARNATAKA

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THIS INCOME TAX APPEAL COMING ON FOR HEARING, THIS DAY, P.S. DINESH KUMAR J., MADE THE FOLLOWING:

JUDGMENT

Shri A.Shankar, learned Senior Advocate for the appellant submits that assessee desires to withdraw this appeal as the matter is settled under the Direct Tax Vivad Se Vishwas Act, 2020. He seeks liberty to revive the case, if need arises. He has filed a memo of even date to the said effect.

2.

Memo be taken on record. Leave granted. This appeal is disposed of as withdrawn with liberty as prayed for.

No costs.

YN List No.: 1 Sl No.: 51

Sd/- JUDGE

Sd/- JUDGE

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