M/S ELSAMEX -TWS-SNC JOINT VENTURE vs. COMMISSIONER OF INCOME TAX

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ITA/163/2016HC KarnatakaKAHC01022616201608 November 2021Bench: S.SUJATHA,S RACHAIAH3 pages
AI SummaryDismissed

What did the High Court hold?

The appellant filed a memo seeking to withdraw the appeal as academic, having opted for the Vivad se Vishwas scheme. The High Court accepted the memo and disposed of the appeal as withdrawn.

What were the facts?

The appellant filed an Income Tax Appeal challenging an ITAT order for AY 2006-07. The appeal stemmed from an order passed by the CIT under Section 263, which led to a consequential order by the Assessing Officer. The appellant has since availed the benefit under the Vivad se Vishwas Act, 2020.

What were the issues?

Whether the appeal is maintainable after availing the Vivad se Vishwas Act benefits. The primary issue was the withdrawal of the appeal due to settlement under the scheme.

Which sections of the Income-tax Act were involved?

Section 260A,Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8TH DAY OF NOVEMBER, 2021

PRESENT

THE HON’BLE MRS. JUSTICE S. SUJATHA AND

THE HON’BLE MR. JUSTICE S. RACHAIAH

INCOME TAX APPEAL NO.163 OF 2016

BETWEEN

M/S. ELSAMEX-TWS-SNC JOINT VENTURE REPRESENTED BY ITS MEMBER OF AOP SRI. MANOHAR SHETTY 12TH FLOOR, M.G. ROAD BENGALURU – 560 001.

...APPELLANT

(BY SHRI A. SHANKAR, SENIOR ADVOCATE FOR SHRI. M. LAVA, ADVOCATE (PHYSICAL HEARING))

AND

COMMISSIONER OF INCOME TAX BENGALURU – 1 C.R. BUILDING QUEENS ROAD BENGALURU – 560 001.

...RESPONDENT

(BY SHRI K.V. ARAVIND, ADVOCATE (PHYSICAL HEARING))

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 09.10.2015 PASSED IN ITA NO.610/Bang/2011, FOR THE ASSESSMENT YEAR 2006-07.

THIS INCOME TAX APPEAL COMING ON FOR HEARING, THIS DAY, S.SUJATHA J., DELIVERED THE FOLLOWING:

J U D G M E N T

Learned counsel for the appellant has filed a memo which reads thus:-

MEMO FOR WITHRDRAWAL 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 year 2006-07. The appeal before the Tribunal was on an order passed by the learned Commissioner of Income Tax under section 263 of the Act dated 17.03.2011.

2.

The Assessing Officer has passed a consequential order under section 143(3) r.w.s 263 of the Act pursuant to directions of the Commissioner of Income Tax vide order under section 263 of the Act. An appeal was pending before the Tribunal against this order of the Assessing Officer in ITA No.2452/Bang/2019.

3.

The Appellant has availed the benefit under the Vivad se Vishwas Act, 2020 on the appeal filed before

the Tribunal in ITA No.2452/Bang/2019 against the order of the Assessing Officer passed under Section 143(3) r.w.s. 263 of the Act for the Assessment Year 2006-07.

4.

Wherefore, in view of the above submissions the Appellant humbly prays this Hon’ble Court may be pleased to consider this appeal as academic, with liberty to revive the appeal, if needs arises.

5.

We are extremely sorry for the inconvenience caused to the Hon’ble Court and pray the Hon’ble Court pass such orders as it deems fit for the advancement of substantial cause of justice.

2.

Memo is placed on record. Appeal stands disposed of as withdrawn in terms of the memo.

Sd/- JUDGE

Sd/-

JUDGE

Bss.

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