THE PR COMMISSIONER OF INCOME TAX CIT (A) vs. M/S JAICO REALTORS PVT LTD

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ITA/723/2019HC KarnatakaKAHC01046493201909 January 2020Bench: ALOK ARADHE,RAVI V HOSMANI2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court noted that the learned counsel for the appellants (Revenue) had filed a memo seeking leave of the Court to withdraw the appeal. This memo was taken on record. Consequently, the High Court dismissed the appeal as withdrawn. The Court also observed that an interlocutory application, I.A.No.2/2019, did not survive for consideration in view of the dismissal of the main appeal and was disposed of accordingly. No decision was made on the merits of any substantial questions of law.

What were the facts?

This case involves an Income Tax Appeal filed by the Principal Commissioner of Income-Tax and the Assistant Commissioner of Income-Tax (the Revenue) against M/s. Jaico Realtors Pvt. Ltd. (the Assessee). The appeal challenges an order dated May 8, 2019, passed in C.O.No.106/BANG/2018 in ITA No.1444/BANG/2018, pertaining to the Assessment Year 2008-2009. The Revenue sought to formulate substantial questions of law. The appeal was filed under Section 260-A of the Income Tax Act, 1961.

What were the issues?

The primary issue was whether the appeal filed by the Revenue under Section 260-A of the Income Tax Act, 1961, should be admitted and heard on its merits. The Revenue sought to formulate substantial questions of law. The judgment does not record specific arguments made by either the Assessee or the Revenue regarding the merits of the case or the substantial questions of law. The proceedings before the High Court were limited to the admission of the appeal and the subsequent withdrawal.

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 9TH DAY OF JANUARY 2020

PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE

AND

THE HON’BLE MR. JUSTICE RAVI V. HOSMANI

INCOME TAX APPEAL NO.723 OF 2019 BETWEEN:

1.

THE PR. COMMISSIONER OF

INCOME – TAX, CIT (A),

CENTRAL CIRCLE, C.R.BUILDING, QUEEN’S ROAD,

BENGALURU – 560 001.

2.

THE ASST. COMMISSIONER OF

INCOME – TAX,

CENTRAL CIRCLE – 1(4), C.R.BUILDING, QUEEN’S ROAD,

BENGALURU – 560 001.

… APPELLANTS

(BY SRI.K.V.ARAVIND, ADVOCATE)

AND:

M/S. JAICO REALTORS PVT. LTD., NO.2650, GROUND FLOOR, 37TH B CROSS, 28TH MAIN, 9TH BLOCK, JAYANAGAR, BENGALURU – 560 009. PAN: AABCJ 8421G. …RESPONDENT

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260- A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 08.05.2019 PASSED IN C.O.NO.106/BANG/2018 IN ITA NO.1444/BANG/2018, FOR THE ASSESSMENT YEAR 2008-2009, PRAYING TO (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE ETC.,

THIS INCOME TAX APPEAL COMING ON FOR ADMISSION, THIS DAY ALOK ARADHE J., DELIVERED THE FOLLOWING:,

J U D G M E N T

Sri.K.V.Aravind, learned counsel for the appellants has filed a memo seeking leave of this Court to withdraw the appeal. The aforesaid memo is taken on record.

Accordingly, the appeal is dismissed as withdrawn.

In view dismissal of main appeal, I.A.No.2/2019 does not survive for consideration. Hence, the same is disposed of.

Sd/- JUDGE

Sd/- JUDGE VM CT: SN

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