PRITHVI GRANITE EXPORTS PRIVATE LIMITED vs. THE DEPUTY COMMISSIONER

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ITA/638/2016HC KarnatakaKAHC01046599201602 February 2021Bench: ALOK ARADHE,R. NATARAJ2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Karnataka at Bengaluru, after hearing the learned counsel for the assessee, noted that the assessee 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 The Court took the memo on record and, for the reasons assigned therein, dismissed the appeal as withdrawn.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 occasion arose. No decision on the merits of the case was made. The specific findings of the ITAT that were under challenge were not discussed or decided by the High Court.

What were the facts?

The appeal was filed by Prithvi Granite Exports Private Limited (the assessee) against an order dated July 20, 2016, passed by the Income Tax Appellate Tribunal (ITAT), 'C' Bench, Bengaluru, in ITA No.991/BANG/2013. The assessment year in question was 2007-08. The assessee sought to set aside the findings of the ITAT to the extent they were against the assessee. The appeal was filed under Section 260-A of the Income Tax Act, 1961. The revenue was represented by the Deputy Commissioner of Income-tax, Circle-12(2), Bangalore.

What were the issues?

1. Whether the substantial question of law, as stated by the appellant, needs to be formulated and answered in favour of the appellant? The assessee's primary contention, as indicated by the prayer in the appeal memo, was to formulate a substantial question of law and have it answered in their favour, thereby allowing the appeal and setting aside the ITAT's order. The specific substantial question of law was not detailed in the provided text. The revenue's contentions were not recorded in the judgment.

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 2ND DAY OF FEBRUARY 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY I.T.A. NO.638 OF 2016 BETWEEN: PRITHVI GRANITE EXPORTS PRIVATE LIMITED REP. BY ITS DIRECTOR SMT. P.R. CHANGAMMA #196, 'C' 3RD PHASE BOMMASANDRA INDL. AREA ANEKAL TALUK, BANGALORE-562100 PAN: AADCP9920C. .... APPELLANT (BY MR. NARENDRA SHARMA, ADV., FOR MR. M LAVA, ADV.,) AND: THE DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-12(2), BMTC BUILDING 80 FEET ROAD, KORAMANGALA 6TH BLOCK, BANGALORE-560095. ... RESPONDENT (BY MR. K.V. ARAVIND, ADV.,) - - - THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 20.07.2016 PASSED IN ITA NO.991/BANG/2013 FOR THE ASSESSMENT YEAR 2007-08, PRAYING TO: (i) FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND THE ANSWER THE SAME IN FAVOUR OF THE APPELLANT.

2 (ii) ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE ITAT, 'C' BENCH, BENGALURU IN ITA NO.991/BANG/2013 DATED 20.07.2016 FOR THE ASSESSMENT YEAR 2007-08 (ANNEXURE-A). PASS SUCH OTHER ORDERS, AS THIS HON'BLE COURT DEEMS FIT AND PROPER TO MEET THE ENDS OF JUSTICE. THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Mr.Narendra Sharma, learned counsel for the assessee. Mr.Dilip Kumar, learned counsel for Mr.K.V.Aravind, learned counsel for the revenue. 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. 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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