M L KRUPAL (HUF) vs. THE INCOME-TAX OFFICER

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ITA/542/2014HC KarnatakaKAHC01044260201401 February 2021Bench: ALOK ARADHE,R. NATARAJ2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court noted that the learned counsel for the assessee had filed a memo seeking leave of the Court to withdraw the appeal. The memo was taken on record. For the reasons assigned in the memo, the High Court dismissed the appeal as withdrawn. The assessee was granted liberty to revive the appeal if the occasion arose. No decision was made on the substantial questions of law that were intended to be formulated, as the appeal was disposed of on a procedural ground.

What were the facts?

The appeal was filed by M.L. Krupal (HUF), represented by its Kartha Sri. M.L. Krupal, against an order dated July 18, 2014, passed by the Income Tax Appellate Tribunal (ITAT), Bangalore Bench, in ITA No. 584/Bang/2011. The assessment year in question was 2006-07. The appeal was filed under Section 260-A of the Income Tax Act, 1961. The assessee sought to set aside the findings of the ITAT to the extent they were against the appellant. The respondent was the Income Tax Officer, Ward-1, Madikeri.

What were the issues?

The appeal was filed under Section 260-A of the Income Tax Act, 1961, seeking to formulate and answer substantial questions of law in favour of the appellant. The primary issue was whether the order passed by the ITAT in ITA No. 584/Bang/2011 for the assessment year 2006-07 was sustainable. The assessee's counsel sought leave to withdraw the appeal. The judgment does not record any specific arguments made by either the assessee or the revenue regarding the merits of the case before the High Court, other than the assessee's request to withdraw.

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.542 OF 2014 BETWEEN: M.L. KRUPAL (HUF) REP. BY KARTHA OF HUF SRI. M.L. KRUPAL AGED ABOUT 52 YEARS PROP: M/S. ASSOCIATED COFFEE BLV COMPLEX, SOMAWARPET-571236 KODAGU DISTRICT. .... APPELLANT (BY MR. A. SHANKAR, SR. COUNSEL WITH MR. S. ANNAMALAI, ADV., FOR MR. M. LAVA, ADV.,) AND: THE INCOME TAX OFFICER WARD-1, SRIVALLI BUILDING CHICKPET, MADIKERI-571201. ... 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 18.07.2014 PASSED IN ITA NO.584/BANG/2011 FOR THE ASSESSMENT YEAR 2006-07, PRAYING TO: (i) FORMULATE THE SUBSTANTIAL QUESTION 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 TRIBUNAL, IN ITA NO.584/BANG/2011 DATED 18.07.2014. 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

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