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

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ITA/627/2019HC KarnatakaKAHC01030492201901 April 2021Bench: SATISH CHANDRA SHARMA,S VISHWAJITH SHETTY2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court of Karnataka accepted the memo filed by the appellant. The Court noted that the appellant-Company had approached the Department under the Vivad Se Viswas Scheme. Consequently, the appeal was dismissed as withdrawn. The Court granted liberty to the appellant to seek revival of the appeal if the need arises, as prayed for in the memo. Any pending interlocutory applications (IAs) were also disposed of. The judgment did not delve into the merits of the original appeal or the ITAT's order, as the appeal was withdrawn by the appellant.

What were the facts?

The appellant, M/s. Bangalore Electricity Supply Company Limited (BESCOM), Kolar Division, filed an appeal under Section 260-A of the Income Tax Act, 1961, before the High Court of Karnataka. The appeal was against an order of the Income Tax Appellate Tribunal (ITAT) dated May 10, 2019, passed in ITA No.665/BANG/2018, pertaining to the Assessment Year 2012-13. The respondent was the Assistant Commissioner of Income Tax, TDS Circle-1(1). During the pendency of the appeal, the appellant-Company approached the Department under the Vivad Se Viswas Scheme. A memo was filed by the appellant praying for the withdrawal of the appeal, with liberty to seek revival if necessary.

What were the issues?

1. Whether the appeal filed by the appellant, M/s. Bangalore Electricity Supply Company Limited, against the order of the ITAT dated May 10, 2019, for Assessment Year 2012-13, should be dismissed as withdrawn, considering the appellant's decision to opt for the Vivad Se Viswas Scheme. Contentions: Assessee (Appellant): The appellant, through its representative, stated that it has approached the Department under the Vivad Se Viswas Scheme and filed a memo seeking withdrawal of the appeal with liberty to seek revival if needed. The appellant relied on the provisions of the Vivad Se Viswas Scheme and the memo filed. Revenue (Respondent): No specific contentions were recorded for the respondent 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.627/2019

BETWEEN:

M/S. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED KOLAR DIVISION OFFICE CHAMPIONS REEF, S P OFFICE ROAD KGF, KOLAR-563 117 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 10.05.2019 PASSED IN ITA NO.665/BANG/2018 FOR THE ASSESSMENT YEAR 2012-13 VIDE ANNEXURE-A.

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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