THE KARUR VYSYA BANK LTD vs. THE ADDITIONAL COMMISSIONER

TCA/732/2016HC Madras06 October 2023Bench: Hon`ble Mr Justice R. MAHADEVAN3 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court allowed the appellant's request to withdraw the Tax Case Appeal. The Court noted that the learned counsel for the appellant sought permission to withdraw the appeal, stating that the disputed amount was less than the threshold limit. Consequently, the Court ordered the appeal to be dismissed as withdrawn. No costs were awarded. The judgment does not record any decision on the merits of the case or any specific findings on the substantive tax issues.

What were the facts?

The appellant, The Karur Vysya Bank Ltd., filed a Tax Case Appeal under Section 260A of the Income Tax Act, 1961, challenging an order dated 29.02.2016 passed by the Income Tax Appellate Tribunal, 'B' Bench, Chennai, for the Assessment Year 2003-04. The appeal was filed against the Additional Commissioner of Income Tax, Tiruchirapalli. The appeal was listed before the High Court of Judicature at Madras for withdrawal based on a Memo filed by the appellant's counsel. The appellant's counsel sought permission to withdraw the appeal because the disputed amount was below the threshold limit.

What were the issues?

1. Whether the appeal should be permitted to be withdrawn by the appellant. (Question of procedure) The assessee (appellant) argued that they sought permission to withdraw the appeal as the disputed amount was less than the threshold limit. The revenue (respondent) did not record any specific arguments in the judgment regarding the withdrawal. The judgment does not record any specific legal issues that were debated on merits.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

T.C.A.No.732 of 2016 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 06.10.2023 CORAM THE HON'BLE Mr. JUSTICE R. MAHADEVAN AND THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ T.C.A.No.732 of 2016 The Karur Vysya Bank Ltd. Erode Road, Karur 639 001 PAN : AAACT3373J

.. Appellant Vs. The Additional Commissioner of Income Tax Income Tax Range-I Tiruchirapalli

.. Respondent Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961, against the order dated 29.02.2016 passed by the Income Tax Appellate Tribunal, 'B' Bench, Chennai, in ITA.No.1638/Mds/2014, for the AY 2003-04. For Appellant : Mr.Venkata Narayan for Mr.Subbaraya Aiyar Padmanabhan For Respondent : Mr.J.Naraynaswamy Senior Standing Counsel 1/3 https://www.mhc.tn.gov.in/judis T.C.A.No.732 of 2016 JUDGMENT (Judgment of the court was delivered by R. MAHADEVAN, J.) Based on the Memo dated 16.09.2023 filed by the learned counsel for the appellant, this tax case appeal has been listed today under the caption "for withdrawal". 2. When the matter was taken up for hearing, the learned counsel for the appellant sought permission of this Court to withdraw this tax case appeal, as the disputed amount is less than threshold limit. 3. In view of the above, this tax case appeal stands dismissed as withdrawn. No costs. [R.M.D,J.] [M.S.Q, J.] 06.10.2023 Neutral Citation : Yes/No gya To 1. The Income Tax Appellate Tribunal, B Bench, Chennai. 2.The Commissioner of Income Tax (Appeals) -I Coimbatore. 3.The Additional Commissioner of Income Tax Income Tax Range-I, Tiruchirapalli 2/3 https://www.mhc.tn.gov.in/judis T.C.A.No.732 of 2016 R. MAHADEVAN, J. AND MOHAMMED SHAFFIQ, J. gya T.C.A.No.732 of 2016 06.10.2023 3/3 https://www.mhc.tn.gov.in/judis

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