M/S IDEB PROJECTS PRIVATE LIMITED vs. THE ASSISTANT COMMISSIONER OF

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ITA/675/2017HC KarnatakaKAHC01041160201718 June 2026Bench: S.G.PANDIT,RAJESH RAI K3 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Karnataka, placing reliance on the memo filed by the appellant, dismissed the appeal as withdrawn. The court did not delve into the merits of the original appeal or the issues that would have been decided had the appeal proceeded. The operative direction was solely to dismiss the appeal based on the appellant's request. No specific findings were made on any substantive legal or factual issues, and no part of the ITAT's order was affirmed or set aside.

What were the facts?

M/s Ideb Projects Private Limited (the appellant) filed an Income Tax Appeal under Section 260-A of the Income Tax Act, 1961, before the High Court of Karnataka. The appeal challenged an order dated 28.04.2017 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No. 1531/Bang/2012, pertaining to the Assessment Year 2009-2010. The Assistant Commissioner of Income Tax Circle - 11(4) was the respondent. The appellant subsequently filed a memo seeking to withdraw the appeal.

What were the issues?

1. Whether the appellant should be permitted to withdraw the appeal filed under Section 260-A of the Income Tax Act, 1961, against the order of the ITAT for Assessment Year 2009-2010. Assessee's Contention: The appellant, through a memo dated 16.06.2026, submitted that the period for setting off losses, should the appeal be decided in its favour, has lapsed. Furthermore, the appellant company is under liquidation and already has substantial losses. In light of these circumstances, the appellant prayed for leave to withdraw the appeal, with liberty to revive it if necessary. Revenue's Contention: The judgment does not record any specific contentions from the revenue regarding the withdrawal of the appeal.

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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HC-KAR NC: 2026:KHC:29920-DB ITA No. 675 of 2017

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE RAJESH RAI K INCOME TAX APPEAL NO. 675 OF 2017 BETWEEN:

M/S IDEB PROJECTS PRIVATE LIMITED REPRESENTED BY ITS DIRECTOR SRI HARKIRAT SINGH BEDI, 10TH FLOOR, DELTA TOWERS, SIGMA SOFT TECH PARK, VARTHUR KODI, WHITEFIELD MAIN ROAD, BENGALURU – 560 066. PAN :AAACI5570N …APPELLANT (BY SRI. M LAVA.,ADVOCATE)

AND:

THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE - 11(4) BMTC BUILDING 6TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU - 560095 …RESPONDENT (BY SRI. E.I.SANAMTHI, ADVOCATE)

THIS INCOME TAX APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED28/04/2017PASSED IN ITA NO.1531/BANG/2012, FOR THE ASSESSMENT YEAR 2009-2010.PRAYING THIS HON'BLE COURT TO(A) TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT AND ETC.,

Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA

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HC-KAR NC: 2026:KHC:29920-DB ITA No. 675 of 2017

THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE RAJESH RAI K

ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE RAJESH RAI K)

Learned counsel for the appellant has filed a memo dated 16.06.2026, which reads as under: “1. The above named appellant has filed Income Tax Appeal under Section 260A of the Income Tax Act, 1961 challenging the order passed by the Income Tax Appellate Tribunal for the Assessment Years 2009-10 against the order of the Tribunal in ITA.No.1531/Bang/2012 dated 28.04.2017 to the extent held against the appellant.

2.

The appellant submits that the period for set off losses arising out of the present appeal, in the event the appeal were to be held in favour of the appellant, has lapsed in accordance with the provisions of the Act. Further, the appellant company is under liquidation and already has huge losses.

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HC-KAR NC: 2026:KHC:29920-DB ITA No. 675 of 2017

3.

In view of the above, the appellant prays leave of the Court to permit the appellant to withdraw the appeal and the same may be disposed off to liberty to revive if the occasion arises.

4.

The appellant prays the Hon’ble Court to pass such orders as this Hon’ble Court may deem fit on the facts and circumstances of the case.”

2.

Placing reliance on the memo, appeal is dismissed as withdrawn.

SD/- (S.G.PANDIT) JUDGE

SD/- (RAJESH RAI K) JUDGE

NC CT: RK List No.: 1 Sl No.: 24

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