SHRI JAYAKUMAR REDDY vs. THE INCOME TAX OFFICER

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ITA/675/2016HC KarnatakaKAHC01049078201612 April 2021Bench: ALOK ARADHE,M.G.S. KAMAL2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Karnataka did not decide the substantial questions of law on merits. Instead, the learned counsel for the assessee filed a memo seeking leave of the Court to withdraw the appeal. For the reasons assigned in the memo, the appeal was disposed of. The Court granted liberty to the assessee to seek revival of the appeal in case of occasion so arises. Therefore, no finding was rendered on the merits of the case, and no specific issue was expressly left undecided as the appeal itself was withdrawn.

What were the facts?

The assessee, Shri. Jayakumar Reddy, filed an appeal before the High Court of Karnataka against an order dated 26.08.2016 passed by the Income Tax Appellate Tribunal (ITAT), Bengaluru Bench ‘B’, in ITA No.1453/BANG/2013. This appeal pertains to the assessment year 2004-2005. The appeal was filed under Section 260-A of the Income Tax Act, 1961. The assessee sought to formulate substantial questions of law and have them answered in their favour, thereby setting aside the findings of the ITAT to the extent they were against the assessee. The revenue was represented by its counsel.

What were the issues?

The primary issue before the High Court was to consider the substantial questions of law that the appellant sought to formulate and answer in their favour, concerning the order passed by the ITAT for the assessment year 2004-05. The appellant, through their counsel, aimed to challenge the ITAT's findings. The judgment does not explicitly record the specific substantial questions of law that were to be formulated. The assessee's contention was to allow the appeal and set aside the ITAT's findings against them. The revenue's contentions are 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

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12TH 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.675 OF 2016

BETWEEN:

SHRI. JAYAKUMAR REDDY GANIGARAHALLI VILLAGE CHIKKABANAVARA POST BENGALURU – 560 090 PAN:AEXPR8840J

.... APPELLANT (BY SRI. A. SHANKAR, SENIOR ADVOCATE FOR SRI. M. LAVA, ADVOCATE)

AND:

THE INCOME TAX OFFICER WARD – 6 (2), BMTC BUILDING 80 FEET ROAD, 6TH BLOCK KORAMANGALA BENGALURU – 560 095 ... RESPONDENT

(BY SRI. K.V. ARAVIND, ADVOCATE (THROUGH VC)) - - -

THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 26.08.2016 PASSED IN ITA NO.1453/BANG/2013 FOR THE ASSESSMENT YEAR 2004- 2005, PRAYING TO:

(i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT. (ii) ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE ITAT, BENGALURU BENCH ‘B’, BENGALURU IN ITA NO.1453/BANG/2013 DATED 26.08.2016 FOR THE ASSESSMENT YEAR 2004-05 (ANNEXURE-A).

THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

JUDGMENT

Mr. A Shankar, learned Senior Counsel for Sri. M. Lava, learned counsel for the assessee.

Mr. K.V. Aravind, learned counsel for the revenue through video conferencing.

Learned counsel for the assessee has filed a memo seeking leave of the Court to withdraw the appeal.

For the reasons assigned in the memo, the appeal is disposed of with liberty to seek revival of the same in case of occasion so arises.

Sd/- JUDGE

Sd/- JUDGE Mds/-

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