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

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ITA/667/2019HC KarnatakaKAHC01004054201901 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. The Court held that the appeal should be dismissed as withdrawn, granting the appellant the liberty to seek revival of the appeal if the need arises. The reasoning was based on the appellant's decision to opt for the Vivad Se Viswas Scheme, as communicated to the Court and formalized through the filed memo. No decision on the merits of the original appeal was made. Pending interlocutory applications were also disposed of.

What were the facts?

The appellant, M/s. Bangalore Electricity Supply Company Limited (BESCOM), Tumkur Circle, filed an appeal under Section 260-A of the Income Tax Act, 1961, against an order of the Income Tax Appellate Tribunal (ITAT). The appeal challenged the ITAT's order dated May 10, 2019, passed in ITA Nos. 1034, 1035, and 1036/Bang/2018, pertaining to assessment years 2011-12, 2013-14, and 2015-16. The appellant's representative informed the High Court that the company 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?

The High Court was to decide whether to allow the withdrawal of the appeal. The appellant, represented by Smt. C. Padmavathy (Party-in-Person), stated that the company had 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 respondent, the Assistant Commissioner of Income Tax, TDS Circle-1(1), did not file any objections or arguments on record regarding 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 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.667/2019

BETWEEN:

M/S. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED TUMKUR CIRCLE, KOTITHOPU ROAD TUMKUR 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.1034, 1035 AND 1036/BANG/2018 FOR THE ASSESSMENT YEARS 2011-12, 2013-14 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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