M/S. INFORMATICS (INDIA) LIMITED vs. THE DEPUTY COMMISSIONER OF INCOME TAX

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ITA/775/2018HC KarnatakaKAHC01055373201820 September 2022Bench: P.S.DINESH KUMAR,UMESH M ADIGA2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Karnataka, upon considering the memo filed by the appellant's counsel, noted that the Assessing Officer had granted full relief on merits. This rendered the legal issues raised in the appeal academic. Therefore, the Court ordered that the appeal be disposed of accordingly, with liberty granted to the appellant to revive the appeal if the need arises. No costs were imposed. The specific legal questions that were to be decided were not adjudicated upon due to the settlement at the Assessing Officer level.

What were the facts?

The assessee, M/s. Informatics (India) Limited, filed an appeal before the High Court of Karnataka against an order passed by the Income Tax Appellate Tribunal (ITAT) in ITA No. 2187/BANG/2016 for the Assessment Year 2007-2008. The appeal was filed under Section 260-A of the Income Tax Act, 1961. The appellant sought to formulate and answer substantial questions of law in its favour. The appeal was listed for hearing before the High Court.

What were the issues?

The primary issue was whether the substantial questions of law formulated by the appellant in its appeal under Section 260-A of the Income Tax Act, 1961, should be answered in its favour. The appellant's counsel filed a memo stating that the Assessing Officer had granted full relief on merits. Consequently, the legal issues raised in the appeal had become academic. The appellant requested that the appeal be disposed of with liberty to revive it if necessary. The revenue's contentions were not recorded as the appeal was disposed of based on the appellant's submission.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

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ITA No. 775 of 2018

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF SEPTEMBER, 2022 PRESENT THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR AND THE HON'BLE MR. JUSTICE UMESH M. ADIGA INCOME TAX APPEAL NO. 775 OF 2018

BETWEEN:

M/S. INFORMATICS (INDIA) LIMITED REP BY ITS CHAIRMAN AND MANAGING DIRECTOR SRI N.V. SATHYANARAYANA #194, R V ROAD NEAR SOUTH END CIRCLE BENGALURU-560 004. PAN:AAC13561K …APPELLANT

(BY SHRI. MADHUSUDHAN U.A., ADVOCATE FOR SHRI. M. LAVA, ADVOCATE)

AND:

THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 3(1)(1) BMTC BUILDING 80 FEET ROAD 6TH BLOCK, KORAMANGALA BENGALURU-560 095. …RESPONDENT

(BY SHRI. DILIP M, ADVOCATE FOR SHRI. K.V. ARAVIND, STANDING COUNSEL)

THIS INCOME TAX APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 31.05.2018 PASSED IN ITA NO. 2187/BANG/2016, FOR THE ASSESSMENT YEAR 2007-2008, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS

Digitally signed by YASHODHA N Location: HIGH COURT OF KARNATAKA

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ITA No. 775 of 2018

OF LAW AS STATED THEREIN AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT AND ETC.

THIS INCOME TAX APPEAL, COMING ON FOR HEARING, THIS DAY, P.S. DINESH KUMAR J., DELIVERED THE FOLLOWING:

JUDGMENT

Shri U.A.Madhusudhan, learned advocate for the appellant has filed a memo of even date stating that Assessing Officer has granted full relief on merit and therefore, legal issues raised in this appeal are rendered academic. He prays that this appeal be disposed of with liberty to revive, if need arises. Ordered accordingly. Appeal disposed of. No costs.

Sd/- JUDGE

Sd/- JUDGE

YN List No.: 1 Sl No.: 25

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