M/S BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED vs. THE ASSISTANT COMMISSIONER OF INCOME TAX

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ITA/569/2019HC KarnatakaKAHC01026592201901 April 2021Bench: SATISH CHANDRA SHARMA,S VISHWAJITH SHETTY2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court accepted the memo filed by the appellant. The Court noted that the appellant-Company had opted for the Vivad Se Viswas Scheme and sought withdrawal of the appeal with liberty to seek revival if the need arises. Consequently, the High Court dismissed the appeal as withdrawn, granting the liberty as prayed for in the memo. Any pending interlocutory applications (IAs) were also disposed of.

What were the facts?

The appellant, M/s. Bangalore Electricity Supply Company Limited (BESCOM), filed an appeal under Section 260-A of the Income Tax Act, 1961, against an order of the Income Tax Appellate Tribunal (ITAT). The appeal concerned assessment years 2011-12, 2012-13, 2013-14, and 2014-15. The appellant, represented by its Deputy General Manager, informed the High Court that it had opted for the Vivad Se Viswas Scheme. A memo was filed seeking withdrawal of the appeal with liberty to seek revival if necessary. The respondent is the Assistant Commissioner of Income Tax.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn in light of the appellant opting for the Vivad Se Viswas Scheme. (Question of procedure) Assessee's Contention: The appellant, through its representative, stated that it has approached the Department under the Vivad Se Viswas Scheme and filed a memo praying for the withdrawal of the appeal with liberty to seek revival if the need arises. Revenue's Contention: No specific contention is recorded for the revenue in the judgment. The memo filed by the appellant was accepted by the Court.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1ST DAY OF APRIL, 2021

PRESENT

THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

AND

THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

ITA NO.569/2019

BETWEEN:

M/S. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED CTAZ DIVISION, CHITRADURGA ZONE, TURUVANUR ROAD, OPP. RTO OFFICE, C & M ZONE, CHITRADURGA-577 501 PAN:AACCJ2951N …APPELLANT

(BY SMT. C. PADMAVATHY, PARTY-IN-PERSON)

AND:

THE ASSISTANT COMMISSIONER OF INCOME TAX TDS CIRCLE-1(1), HMT BHAVAN, BELLARY ROAD, BANGALORE-560 032. … RESPONDENT

THIS APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961 AGGRIEVED BY THE ORDER OF THE TRIBUNAL DATED 27.03.2019 PASSED IN ITA NOS.998, 999, 1000 AND 1001/BANG/2018 FOR THE ASSESSMENT YEARS 2011-12, 2012-13, 2013-14 AND 2014-15 RESPECTIVELY.

THIS APPEAL COMING ON FOR ORDERS THIS DAY, SATISH CHANDRA SHARMA J., DELIVERED THE FOLLOWING:

JUDGMENT

Smt. C. Padmavathy, Deputy General Manager of BESCOM (CT & GST), who appeared in person has fairly stated before this Court that the appellant-Company has approached the Department under the Vivad Se Viswas Scheme.

2.

A memo has been filed by the Deputy General Manager, praying for withdrawal of the appeal as the appellant- Company has opted for Vivad Se Viswas Scheme with liberty to seek revival, if need arises.

3.

The memo is accepted.

4.

The appeal is dismissed as withdrawn with liberty as prayed for in the memo. Pending IAs, if any, shall stand disposed of.

Sd/- JUDGE

Sd/- JUDGE

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