What did the High Court hold?

The High Court allowed the Revenue's request to withdraw the appeal. The dismissal was granted with liberty to the Revenue to raise all contentions in other pending appeals.

The Revenue filed an appeal before the High Court against an order of the Income Tax Appellate Tribunal. The Revenue sought to withdraw the appeal without prejudice to their rights in other related appeals.

What were the issues?

The primary issue was the Revenue's request to withdraw the appeal, which was granted by the court.

CIT vs M/S Acer India Pvt Ltd | Karnataka High Court 2022

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31ST DAY OF JANUARY 2022

PRESENT

THE HON’BLE MR.JUSTICE ALOK ARADHE

AND

THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ

ITA NO.158 OF 2019

BETWEEN:

THE COMMISSIONER OF INCOME TAX TDS, 4TH FLOOR, HMT BHAVAN NO.59, BELLARY RAOD GANGANAGAR BENGALURU-560 032 2. THE ASST. COMMISSIONER OF INCOME-TAX (TDS), CIRCLE-1(1) 4TH FLOOR, HMT BHAVAN NO.59, BELLARY ROAD GANGANAGAR BENGALURU-560 032. ...APPELLANTS (BY SRI. K.V. ARAVIND, ADVOCATE-VC)

AND: M/S ACER INDIA PVT LTD NO.13, 6TH FLOOR EMBASSY HEIGHTS, MARGATH ROAD NEXT TO HOSMAT HOSPITAL BENGALURU-560 025 ...RESPONDENT (BY SRI. SURYANARAYANA, SENIOR COUNSEL FOR MS. MANASA ANANTHAN, ADVOCATE-VC)

THIS APPEAL IS FILED UNDER SECTION 260A OF THE INCOME TAX ACT, 1961, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE AND ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU IN C.O.NO.133/BANG/2018 DATED 05.10.2018 FOR ASSESSMENT YEAR 2012-2013 ANNEXURE-C AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE ASST. COMMISSIONER OF INCOME TAX (TDS), CIRCLE-1(1), BENGALURU AND ETC.

THIS APPEAL COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

JUDGMENT

Mr.K.V.Aravind, learned counsel for the revenue and Sri.T.Suryanarayana, learned Senior counsel for the assessee.

Learned counsel for the revenue seeks leave of this Court to withdraw this appeal without prejudice to the rights of the revenue to raise all the contentions involved in ITA No.157/2019 and ITA No.159/2019.

In view of the aforesaid submission, the appeal is dismissed as withdrawn with liberty to the revenue to raise all the contentions in ITA No.157/2019 and ITA No.159/2019.

Sd/- JUDGE

ln.

THE COMMISSIONER OF INCOME TAX vs. M/S ACER INDIA PVT LTD

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