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

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ITA/662/2019HC KarnatakaKAHC01043636201901 April 2021Bench: SATISH CHANDRA SHARMA,S VISHWAJITH SHETTY2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court accepted the memo filed by the appellant, M/s. Bangalore Electricity Supply Company Limited (BESCOM), seeking withdrawal of the appeal. The Court noted that the appellant had opted for the Vivad Se Viswas Scheme. Consequently, the appeal was dismissed as withdrawn. The Court granted the appellant liberty to seek revival of the appeal if the need arises. Any pending interlocutory applications (IAs) were also disposed of.

What were the facts?

The appellant, M/s. Bangalore Electricity Supply Company Limited (BESCOM), filed an appeal under Section 260-A of the Income Tax Act, 1961, before the High Court of Karnataka. The appeal challenged an order of the Income Tax Appellate Tribunal (ITAT) dated May 10, 2019, which pertained to assessment years 2011-12 to 2015-16. During the pendency of the appeal, the appellant's representative informed the Court that BESCOM had opted for the Vivad Se Viswas Scheme. A memo was filed seeking withdrawal of the appeal with liberty to seek revival if necessary.

What were the issues?

1. Whether the appeal can be withdrawn by the appellant due to opting for the Vivad Se Viswas Scheme, with liberty to seek revival. Assessee's Contention: The assessee, represented by Smt. C. Padmavathy, stated that the company has approached the Department under the Vivad Se Viswas Scheme and filed a memo praying for withdrawal of the appeal with liberty to seek revival if the need arises. The assessee relied on the provisions of the Vivad Se Viswas Scheme, which allows for settlement of disputes. Revenue's Contention: The judgment does not record any specific contentions from the revenue regarding the withdrawal of the appeal. However, the memo filed by the assessee 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.662/2019

BETWEEN:

M/S. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED GM (TECH), CORPORATE OFFICE K.R.CIRCLE, BANGALORE-560 001 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. … 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 NOS.1029, 1030, 1031, 1032 AND 1033/BANG/2018 FOR THE ASSESSMENT YEARS 2011-12, 2012-13, 2013-14, 2014-15 AND 2015-16 RESPECTIVELY.

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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