INITIATIVES FOR DEVELOPMENT FOUNDATION vs. DEPUTY COMMISSIONER OF INCOME TAX

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ITA/600/2019HC KarnatakaKAHC01029091201903 June 2021Bench: SATISH CHANDRA SHARMA,RAVI V HOSMANI2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court noted the submission made by the learned counsel for the appellant that the assessee-company had opted for the 'Vivad se Vishwas Scheme, 2020'. Consequently, the appellant prayed for the withdrawal of the present Income Tax Appeal with liberty to file a fresh appeal in the future if the need arose. The Court placed the submission on record and accordingly, dismissed the Income Tax Appeal as withdrawn, granting the liberty as prayed for by the appellant. No decision was made on the merits of the original dispute.

What were the facts?

The assessee, Initiatives for Development Foundation, filed an appeal before the High Court of Karnataka against an order dated 24.04.2019 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No. 521/Bang/2014. The appeal pertains to the Assessment Year 2009-2010. The assessee sought to formulate substantial questions of law and set aside the findings of the ITAT to the extent they were against the assessee. The revenue was represented by the Deputy Commissioner of Income Tax (Exemptions), Circle 17(1). The appeal was filed under Section 260-A of the Income-Tax Act, 1961.

What were the issues?

The primary issue before the High Court was whether to admit the appeal for admission and formulate substantial questions of law. The appellant (assessee) sought to have the ITAT's order set aside. The judgment does not explicitly record the specific grounds or arguments raised by either the assessee or the revenue regarding the merits of the ITAT's decision. The appellant's counsel made a submission regarding the withdrawal of the appeal.

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 3RD DAY OF JUNE, 2021

PRESENT

THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

AND

THE HON'BLE MR. JUSTICE RAVI V. HOSMANI

I.T.A. NO. 600 OF 2019

BETWEEN:

INITIATIVES FOR DEVELOPMENT FOUNDATION NO.141/1, ‘USHA’, 25TH CROSS 2ND BLOCK, RAJAJINAGAR BENGALURU-56010.

PRESENTLY AT: “GIRIJA”, NO.31/1, GROUND FLOOR PATALAMMA TEMPLE STREET SOUTH END BASAVANAGUDI BENGALURU – 560 004.

… APPELLANT

[BY SRI. LAVA M., ADVOCATE (THROUGH VC)]

AND:

DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE 17(1) 6TH FLOOR, UNITY BUILDING ANNEXE P KALINGA RAO ROAD BENGALURU – 560 027.

… RESPONDENT

[BY SRI. K.V. ARAVIND., ADVOCATE (THROUGH VC)]

THIS APPEAL IS FILED UNDER SECTION 260-A OF THE INCOME-TAX ACT, 1961, ARISING OUT OF ORDER DATED 24.04.2019 PASSED IN ITA NO.521/BANG/2014, FOR THE ASSESSMENT YEAR 2009-2010 PRAYING 1. TO FORMULATE THE

SUBSTANITAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT. 2. TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS THEREIN TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL IN ITA NO.521/BANG/2014 DATED 24.04.2019 REFERRED TO AS ANNEXURE-A RELATING TO THE ASSESSMENT YEAR 2009-2010 AND ETC.

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

JUDGMENT

Learned counsel for appellant fairly submits that appellant-company has opted for ‘Vivad se Vishwas Scheme, 2020’ and prays for withdrawal of present Income Tax Appeal with liberty to file fresh appeal, in case need arises, in future.

2.

Submission is placed on record.

3.

Income Tax Appeal is dismissed as withdrawn with liberty as prayed for.

Sd/- JUDGE

Sd/- JUDGE

BVK

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