OTTO BLIZ INDIA PVT LTD vs. ASSISTANT COMMISSIONER

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ITA/562/2017HC KarnatakaKAHC01037571201708 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 Consequently, the High Court dismissed the appeal as withdrawn.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 substantial questions of law or the merits of the ITAT's order. The operative direction was to dismiss the appeal as withdrawn.

What were the facts?

The assessee, Otto Bilz India Pvt Ltd., filed an appeal before the High Court of Karnataka against an order dated February 15, 2017, passed by the Income Tax Appellate Tribunal (ITAT) in IT(TP)A No.1388/BANG/2012. The appeal pertains to the assessment year 2003-04. The revenue is represented by the Assistant Commissioner of Income Tax, Circle-12(4), Bengaluru. The assessee sought to formulate substantial questions of law and set aside the findings against it in the ITAT's order.

What were the issues?

The primary issue before the High Court was to consider the appeal filed by the assessee, Otto Bilz India Pvt Ltd., against the order of the ITAT for assessment year 2003-04. The assessee sought to formulate substantial questions of law and have the ITAT's findings set aside. The judgment does not record specific arguments made by either the assessee or the revenue regarding the merits of the case. The assessee's counsel filed a memo seeking to withdraw the appeal.

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 8TH DAY OF JANUARY 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY I.T.A. NO.562 OF 2017 BETWEEN: OTTO BILZ INDIA PVT LTD. NO.5B/6A, KIADB INDL. AREA DODDABALLAPUR-561203 BENGALURU DISTRICT. .... APPELLANT (BY MR. ANKUR PAI, ADV., FOR MR. K.R. VASUDEVAN, ADV.,) AND: ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-12(4), BMTC BUILDING 80 FEET ROAD, KORAMANGALA BENGALURU-560095. ... RESPONDENT (BY MR. DILIP KUMAR, ADV., FOR 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 15.02.2017 PASSED IN IT(TP)A NO.1388/BANG/2012 FOR THE ASSESSMENT YEAR 2003-04, PRAYING TO: (i) FORMULATE THE SUBSTANTIAL QUESTION OF LAW STATED ABOVE AND ANSER THE SAME IN FAVOUR OF THE APPELLANT. (ii) ALLOW THIS APPEAL AND SET ASIDE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE

2 HON'BLE ITAT IN IT(TP)A NO.1388/BANG/2012 DATED 15.02.2017 & ETC. THIS I.T.A. COMING ON FOR ORDERS, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Mr.Ankur Pai, learned counsel for Mr.K.R.Vasudevan, 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. Accordingly, the appeal is dismissed as withdrawn. Sd/- JUDGE Sd/- JUDGE RV

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