M/S KSRTC PASSENGERS ACCIDENT RELIEF FUND TRUST vs. THE ADDITIONAL DIRECTOR OF INCOME -TAX (EXEMPTIONS)

PDF · subscribers
ITA/860/2018HC KarnatakaKAHC01024484201819 February 2021Bench: SATISH CHANDRA SHARMA,V SRISHANANDA2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Karnataka noted that the learned counsel for the appellant had filed a Memo for withdrawal of the appeal. Consequently, the Court allowed the Memo and dismissed the appeal as withdrawn. The Court also granted liberty to the appellant to file a fresh appeal in the future, if the need arises. No decision on the merits of the case or any substantial question of law was made.

What were the facts?

The appeal was filed by M/s. KSRTC Passengers Accident Relief Fund Trust (the assessee) against the order passed by the Income Tax Appellate Tribunal, Bangalore ‘A’ Bench, in ITA No.466/BANG/2014, dated July 13, 2018. The assessment year in question was 2009-19. The assessee sought to set aside the findings of the Tribunal to the extent they were against the appellant. The appeal was filed under Section 260-A of the Income Tax Act, 1961, before the High Court of Karnataka.

What were the issues?

1. Whether the substantial question of law, as stated in the appeal, needs to be formulated and answered in favour of the appellant? The appellant's contention, as indicated by the prayer to allow the appeal and set aside the findings against it, suggests a disagreement with the Tribunal's decision. The specific grounds or arguments presented by the appellant or the respondent (Additional Director of Income-Tax) are not detailed in the provided judgment excerpt. The judgment only records the filing of a memo for withdrawal by the appellant.

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, BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2021 PRESENT THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA AND THE HON'BLE MR. JUSTICE V.SRISHANANDA I.T.A. NO.860/2018 BETWEEN: M/S.KSRTC PASSENGERS ACCIDENT RELIEF FUND TRUST, TRANSPORT HOUSE, K.H.ROAD, BANGALORE-560 027. …APPELLANT (BY SRI M.LAVA, ADVOCATE) AND: THE ADDITIONAL DIRECTOR OF INCOME-TAX (EXEMPTIONS) CIRCLE 17(1), 5TH FLOOR, UNITY BUILDING ANNEXE, MISSION ROAD, BENGALURU KARNATAKA-560 027. … RESPONDENT (BY SRI.SANMATHI.E.I, ADVOCATE) THIS APPEAL IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT 1961, PRAYING TO (1) FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT (2) TO ALLOW THE

2 APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BANGALORE ‘A’ BENCH, IN ITA NO.466/BANG/2014 DATED 13.07.2018 FOR THE ASSESSMENT YEAR 2009-19 (ANNEXURE-A) (3) PASS SUCH OTHER ORDERS AS THIS HON’BLE COURT DEEMS FIT TO GRANT ON THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL COMING ON FOR ORDERS THIS DAY, SATISH CHANDRA SHARMA J., DELIVERED THE FOLLOWING: JUDGMENT Learned counsel for the appellant has filed a Memo for withdrawal of the appeal.

The same is allowed. The appeal is dismissed as withdrawn.

The Memo be placed on record. Liberty is also granted to file a fresh appeal, in case need so arise in future. Sd/- JUDGE

Sd/-

JUDGE bnv*

More judgments on Section 260-A

All 2,570 judgments and leading authorities on Section 260-A →

Latest GST High Court judgments

Search GST case law →