M/S KARNATAKA POWER TRANSMISSIONS CORPORATION LTD vs. DEPUTY COMMISSIONER OF INCOME TAX (LTU)

PDF · subscribers
ITA/87/2015HC KarnatakaKAHC01025510201528 July 2021Bench: ALOK ARADHE,HEMANT CHANDANGOUDAR2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Karnataka, in view of the submission made by the assessee's counsel, has dismissed the appeal as withdrawn. The assessee's counsel had pointed out that a co-ordinate bench of the High Court had dismissed the revenue's appeal in a related matter (ITA No.91/2015) by a judgment dated 26.07.2021. Based on this submission, the assessee sought permission to withdraw its own appeal. The court granted this request and dismissed the appeal as withdrawn. Crucially, the court also granted the assessee the liberty to agitate the issue involved in the appeal in appropriate proceedings, if the occasion arises. No decision on the merits of the substantial question of law was made.

What were the facts?

The appeal was filed by M/s Karnataka Power Transmissions Corporation Ltd. (the assessee) against the order dated 31.10.2014 passed by the Income Tax Appellate Tribunal, Bengaluru 'A' Bench, in ITA No.1266/Bang/2013. The assessment year in question is 2007-08. The assessee is represented by its Managing Director, and the respondent is the Deputy Commissioner of Income Tax (LTU). The appeal is filed under Section 260-A of the Income Tax Act, 1961. The assessee's counsel submitted that a co-ordinate bench of this Court had dismissed the revenue's appeal in a related matter (ITA No.91/2015) by a judgment dated 26.07.2021. Consequently, the assessee sought permission to withdraw its appeal, with the liberty to agitate the issue in appropriate proceedings if needed.

What were the issues?

1. Whether the appeal filed by the assessee under Section 260-A of the Income Tax Act, 1961, should be allowed, setting aside the impugned order of the Income Tax Appellate Tribunal dated 31.10.2014, in so far as it is prejudicial to the appellant. Assessee's Contention: The assessee's counsel submitted that as the revenue's appeal in a related matter (ITA No.91/2015) was dismissed by this Court on 26.07.2021, the assessee be permitted to withdraw the present appeal. The assessee also requested that the issue involved be kept open for future agitation. Revenue's Contention: The judgment records no specific arguments from the revenue's side regarding the merits of the appeal. The revenue's counsel appeared before the court.

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 28TH DAY OF JULY, 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR ITA NO.87 OF 2015 BETWEEN: M/S KARNATAKA POWER TRANSMISSIONS CORPORATION LTD., 7TH FLOOR, KAVERI BHAVAN, KEMPEGOWDA ROAD, BENGALURU-560 004, (REPRESENTED BY ITS MANAGING DIRECTOR SRI G KUMAR NAIK, AGED ABOUT 51 YEARS, S/O SRI GOVINDASWAMY NAIK T. N) ... APPELLANT (BY SRI CHYTHANYA K K, ADVOCATE) AND: DEPUTY COMMISSIONER OF INCOME TAX (LTU), JSS TOWERS, 100 FT. RING ROAD, BANASHANKARI 3RDE STAGE, BENGALURU-560 085. ... RESPONDENT (BY SRI DILIP KUMAR, ADVOCATE FOR SRI K.V.ARAVIND, ADVOCATE) **** THIS ITA IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 31.10.2014 PASSED IN ITA NO.1266/BANG/2013, FOR THE ASSESSMENT YEAR 2007- 08, PRAYING TO:

2 I. FORMULATE THE SUBSTANTIAL QUESTION OF LAW STATED ABOVE.

II. ALLOW THE APPEAL AND SET ASIDE THE IMPUGNED ORDER{SO FAR AS SAME IS PREJUDICIAL TO THE APPELLANT} OF THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU 'A' BENCH BEARING IN ITA NO.1266/BANG/2013,DATED 31.10.2014. THIS ITA COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Mr. Chythanya K.K., learned counsel for the assessee. Mr. Dilip Kumar, learned counsel for the revenue. Learned counsel for the assessee submits that this Court by Judgment dated 26.07.2021 passed in ITA No.91/2015 has dismissed the appeal preferred by the revenue. He therefore submits that the assessee be permitted to withdraw the appeal and the issue involved in this appeal may be kept open to agitate in appropriate proceedings, if occasion so arises. In view of the aforesaid submission, the appeal is dismissed as withdrawn with aforesaid liberty. Sd/- JUDGE Sd/- JUDGE HR

More judgments on Section 260-A

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

Recent GST High Court judgments

Search GST case law →