SRI MADALA VENKATESWARLU vs. INCOME TAX OFFICER

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ITA/563/2017HC KarnatakaKAHC01051810201705 January 2021Bench: ALOK ARADHE,V SRISHANANDA2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court noted that the assessee's counsel had filed a memo seeking permission to withdraw the appeal. The memo was taken on record. For the reasons stated in the memo, the High Court dismissed the appeal as withdrawn. The Court granted liberty to the assessee to revive the appeal if the occasion arises. No decision was made on the substantial questions of law or the merits of the additions made by the Assessing Officer or confirmed by the ITAT.

What were the facts?

The appellant, Sri. Madala Venkateswarlu, filed an appeal before the High Court of Karnataka against an order dated July 22, 2016, passed by the Income Tax Appellate Tribunal (ITAT) in ITA No. 762/Bang/2014. This appeal pertains to the assessment year 2009-10. The appellant sought to delete additions made by the Assessing Officer, which were confirmed by the ITAT. The appeal was filed under Section 260-A of the Income Tax Act, 1961. The respondent is the Income Tax Officer, Ward-14(2). The High Court heard the matter on January 5, 2021.

What were the issues?

1. Whether the additions made by the Assessing Officer for the assessment year 2009-10, which were confirmed by the ITAT, should be deleted? (Question of law and fact, relating to the assessment of income). Assessee's contention: The assessee, through their learned counsel, filed a memo seeking leave of the Court to withdraw the appeal. No specific arguments were recorded regarding the merits of the additions made. Revenue's contention: The revenue, through their learned counsel, was present. No specific arguments were recorded regarding the merits of the additions made.

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 5TH DAY OF JANUARY 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE V. SRISHANANDA I.T.A. NO.563 OF 2017 BETWEEN: SRI. MADALA VENKATESWARLU NO.4, 3RD CROSS, 3RD BLOCK DASAPPA LAYOUT, RAMAMURTHY NAGAR BENGALURU-560016. .... APPELLANT (BY MR. BALACHANDRAN B.S. ADVOCATE) AND: INCOME TAX OFFICER WARD-14(2), 4TH FLOOR HMT BHAVAN, GANGANAGAR BELLARY ROAD, BENGALURU-560032. ... RESPONDENT (BY MR. K.V. ARAVIND, ADVOCATE) - - - THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 22.07.2016 PASSED IN ITA NO.762/BANG/2014 FOR THE ASSESSMENT YEAR 2009-10, PRAYING TO: (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. (ii) ALLOW THE APPEAL BY DELETING THE ADDITIONS MADE THE LEARNED ASSESSING OFFICER FOR THE ASSESSMENT YEAR 2009-10 WHICH ARE CONFIRMED BY APPELLATE TRIBUNAL IN ITS ORDER IN ITA NO.762/BANG/2014 (ANNEXURE-1) & ETC.

2 THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Mr.Balachandran B.S., learned counsel for the assessee. Mr.K.V.Aravind, learned counsel for the revenue. 2. 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. 3. 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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