M/S OIKOS APARTMENTS PVT.LTD., vs. THE INCOME-TAX OFFICER

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ITA/660/2018HC KarnatakaKAHC01047899201819 January 2021Bench: SATISH CHANDRA SHARMA,V SRISHANANDA2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court allowed the memo for withdrawal of the income tax appeal. The court granted liberty to the appellant to file a fresh appeal in the future, should the need arise. The reasoning for allowing the withdrawal is not elaborated upon, other than the acceptance of the appellant's request. Consequently, the appeal filed under Section 260-A of the Income Tax Act, 1961, was disposed of as withdrawn. No decision was made on the merits of the original appeal.

What were the facts?

The appellant, M/s. Oikos Apartments Pvt. Ltd., filed an appeal before the High Court of Karnataka against an order dated May 31, 2018, passed by the Income-Tax Appellate Tribunal (ITAT), Bangalore Bench, in ITA No. 1384/Bang/2017. The appeal pertains to the assessment year 2012-2013. The respondent is the Income Tax Officer, Ward-5(1)(2). The High Court was considering the appeal filed under Section 260-A of the Income Tax Act, 1961. The matter came up for orders on January 19, 2021.

What were the issues?

The primary issue before the High Court was to consider the memo for withdrawal of the income tax appeal filed by the appellant. The appellant sought to withdraw the appeal. The specific questions of law that would have been formulated for the appeal are not detailed in the provided text. The appellant's contention was to withdraw the appeal. The respondent's contention was to respond to the memo for withdrawal. No specific authorities, circulars, or precedents were mentioned as being relied upon by either party in the context of the withdrawal.

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 19TH DAY OF JANUARY, 2021

PRESENT

THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

AND

THE HON'BLE MR. JUSTICE V.SRISHANANDA

ITA NO.660/2018 BETWEEN:

M/S.OIKOS APARTMENTS PVT. LTD., NO.132, EMBASSY WOODS 6A, CUNNINGHAM ROAD BENGALURU-560 052 REPRESENTED BY ITS DIRECTOR SRI JAGJOT SINGH KAPOOR AGED ABOUT 76 YEARS SON OF LATE MELA SINGH KAPOOR …APPELLANT (BY SRI.S.PARTHASARATHI, ADV.,)

AND:

THE INCOME TAX OFFICER WARD-5 (1) (2) ROOM NO.223, BMTC BUILDING 6TH BLOCK, 80 FT ROAD KORAMANGALA, BANGALORE-560 095 … RESPONDENT (BY SRI.DILIP M., ADVOCATE FOR SRI.K.V.ARAVIND, ADVOCATE)

THIS APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 31.05.2018 PASSED IN ITA NO.1384/BANG/2017 FOR THE ASSESSMENT YEAR 2012-2013, PRAYING TO (A) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE (2) ALLOW THE APPEAL AND SET-ASIDE THE ORDER OF THE INCOME-TAX APPELLATE TRIBUNAL DATED 31.05.2018 BEARING ITA NO.1384/BANG/2017 FOR THE ASSESSMENT YEAR 2012-2013 AND ETC.,

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

JUDGMENT

Memo for withdrawal of income tax appeal is allowed with liberty to file fresh appeal, if need so arises in future.

Sd/- JUDGE

Sd/- JUDGE

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