M/S PANCHAJANYA CHITS PVT LTD vs. DEPUTY COMMISSIONER

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ITA/633/2017HC KarnatakaKAHC01051839201719 April 2021Bench: ALOK ARADHE,M.G.S. KAMAL2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court noted that the learned counsel for the appellant had filed a memo seeking leave to withdraw the appeal. The Court took the memo on record and, for the reasons assigned therein, dismissed the appeal as withdrawn. The assessee was granted liberty to revive the appeal if the occasion arose. No decision was made on the substantial questions of law or the merits of the assessment order, as the appeal was disposed of on a procedural ground.

What were the facts?

The appellant, M/s. Panchajanya Chits Pvt. Ltd., 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 dated April 11, 2017, passed in appeal number 2174/(BANG)/2016, concerning the assessment year 2011-12. The appellant sought to formulate substantial questions of law and called for the records pertaining to the assessment order dated March 18, 2014, passed by the Deputy Commissioner of Income Tax, Circle-12(2), Bangalore. The appeal was presented by the Managing Director and authorized signatory holder of the appellant company.

What were the issues?

The primary issue before the High Court was to formulate substantial questions of law arising from the order dated April 11, 2017, in appeal number 2174/(BANG)/2016, for the assessment year 2011-12. The appellant sought to challenge the assessment order dated March 18, 2014. The judgment does not record specific arguments made by either the assessee or the revenue regarding the substantive merits of the case. The proceedings before the High Court were limited to the procedural aspect of 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 19TH DAY OF APRIL 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE M.G.S. KAMAL I.T.A. NO.633 OF 2017 BETWEEN: M/S. PANCHAJANYA CHITS PVT. LTD., NO.344, 1ST FLOOR VINAYAKA COMPLEX CHICKPET, BANGALORE-560053 PAN:AACCP5556H. REPRESENTED BY ITS MANAGING DIRECTOR AND AUTHORIZED SIGNATORY HOLDER MR. PRASHANTH R. DHONDALE AGED ABOUT 40 YEARS S/O D. RAMACHANDRASA. .... APPELLANT (BY MR. SHIVAPRASAD E, ADV.,) AND: DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-12(2), NEW CIRCLE 5(1)(1) NO.14/3, 4TH FLOOR RASTROTHANA BHAVAN OPP. RBI, NRUPATHUNGA ROAD BANGALORE. ... RESPONDENT (BY MR. K.V. ARAVIND, ADV.,) - - -

2 THIS I.T.A. IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 11.4.2017 PASSED IN NO.2174/(BANG)/2016, FOR THE ASSESSMENT YEAR 2011-12, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AS STATED ABOVE OR FRAME SUCH OTHER QUESTION OR QUESTIONS AS THIS HON'BLE COURT DEEMS IT FIT. CALL FOR THE ENTIRE LOWER COURT/APPELLATE TRIBUNAL/APPELLATE AUTHORITY/ASSESSING OFFICER RECORDS PERTAINING TO THE ASSESSMENT ORDER DATED 18.3.2014 FOR THE ASSESSMENT YEAR 2011-12, PERTAINING TO THE APPELLANT COMPANY BEARING PAN NO.AACCP556H, FROM THE RESPONDENT NO.01 AUTHORITY & ETC. THIS I.T.A. COMING ON FOR ORDERS, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Mr.Shivaprasad E., learned counsel for the appellant has filed a memo seeking leave of this Court to withdraw the appeal. The aforesaid memo is taken on record. 2. 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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