SRI K VENKATACHALAPATHY GUPTA vs. INCOME TAX OFFICER

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ITA/750/2017HC KarnatakaKAHC01042653201705 January 2021Bench: ALOK ARADHE,V SRISHANANDA2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court noted that the assessee's counsel had filed a memo seeking leave to withdraw the appeal. The memo was taken on record. For the reasons stated in the memo, the High Court dismissed the appeal as withdrawn. The assessee was granted liberty to revive the appeal if occasion arose. No decision was made on the merits of the substantial questions of law or the additions made by the Assessing Officer.

What were the facts?

The appeal was filed by the assessee, Sri. Venkatachalapathy Gupta, against an order dated April 5, 2017, passed by the Income Tax Appellate Tribunal (ITAT) in ITA No. 2296/Bang/2016 for the Assessment Year 2012-13. The appeal was filed under Section 260-A of the Income Tax Act, 1961. The assessee sought to delete additions made by the Assessing Officer, which were confirmed by the ITAT. The Income Tax Officer, Ward-5(2)(3), Koramangala, Bengaluru, was the respondent. The High Court of Karnataka at Bengaluru heard the appeal.

What were the issues?

The primary issue was whether the substantial questions of law, as formulated by the assessee, warranted allowing the appeal by deleting the additions made by the Assessing Officer and confirmed by the ITAT for the Assessment Year 2012-13. The assessee's contention, as indicated by the prayer in the appeal memo, was to allow the appeal and delete the additions. The judgment does not record specific arguments made by the revenue.

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 5TH DAY OF JANUARY 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE V. SRISHANANDA I.T.A. NO.750 OF 2017 BETWEEN: SRI. K. VENKATACHALAPATHY GUPTA NO.61, 1ST FLOOR, 1ST MAIN THYAGARAJANAGAR BENGALURU-560028 ACQPG1295H. .... APPELLANT (BY MR. BALACHANDRAN B.J. ADVOCATE) AND: INCOME TAX OFFICER WARD-5(2)(3), KORAMANGALA BENGALURU-560095. ... RESPONDENT (BY MR. K.V. ARAVIND, ADVOCATE) - - - THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 05.04.2017 (ANNEXURE-A) PASSED IN ITA NO.2296/BANG/2016 FOR THE ASSESSMENT YEAR 2012-13, PRAYING TO: (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. (ii) ALLOW THE APPEAL BY DELETING THE ADDITIONS MADE BY THE LEARNED ASSESSING OFFICER FOR THE ASSESSMENT YEAR 2012-13 WHICH ARE CONFIRMED BY APPELLATE TRIBUNAL IN ITS ORDER DATED 05-04-2017 IN ITA NO.2296/BANG/2016 (ANNEXURE-A) & ETC.

2 THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Mr.Balachandran B.S., learned counsel for the assessee. Mr.K.V.Aravind, learned counsel for the revenue. 2. Learned counsel for the assessee has filed a memo seeking leave of this Court to withdraw the appeal. The aforesaid memo is taken on record. 3. For the reasons assigned in the memo, the appeal is dismissed as withdrawn with liberty to the assessee to revive the same if occasion so arises. Sd/- JUDGE Sd/- JUDGE RV

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