THE COMMISSIONER OF INCOME TAX vs. M/S MANTHAN SOFTWARE SERVICES PVT LTD

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ITA/87/2020HC KarnatakaKAHC01014291202028 May 2021Bench: SATISH CHANDRA SHARMA,R. NATARAJ3 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court noted that the learned counsel for the Income Tax Department prayed for the withdrawal of the present appeal. Consequently, the appeal was dismissed as withdrawn.

What were the facts?

The Income Tax Department filed an appeal before the High Court against an order of the Income Tax Appellate Tribunal. The appeal was filed for the Assessment Year 2013-2014.

What were the issues?

The primary issue was the withdrawal of the appeal by the Income Tax Department before the High Court, without any adjudication on merits.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28TH DAY OF MAY, 2021

PRESENT

THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

AND

THE HON'BLE MR. JUSTICE NATARAJ RANGASWAMY

I.T.A. NO.87 OF 2020

BETWEEN:

1.

THE COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION, 7TH FLOOR, BMTC BUILDING, 80 FEET ROAD, KORMANGALA, BENGALURU-560095.

2.

THE DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION, CIRCLE -1(2), 7TH FLOOR, BMTC BUILDING, 80 FEET ROAD, KORMANGALA, BENGALURU-560095. ...APPELLANTS

(BY SRI. K.V.ARAVIND, ADVOCATE)

AND:

M/S. MANTHAN SOFTWARE SERVICES PVT. LTD., NO.40/4, LAVELLE ROAD, BENGALURU-560001 PAN: AADCM 7750M …RESPONDENT

(BY SRI. NARENDRA KUMAR, ADVOCATE)

THIS APPEAL IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT, 1961 ARISING OUT OF THE ORDER DATED 28.08.2019 PASSED IN ITA NO.557/BANG/2019, FOR THE ASSESSMENT YEAR 2013-2014, PRAYING THIS HON`BLE COURT TO (I) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED IN THE APPEAL AND (II) ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU IN ITA NO.557/BANG/2019 DATED 28.08.2019 FOR ASSESSMENT YEAR 2013-2014 ANNEXURE-C CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION, CIRCLE-1(2), BENGALURU AND ETC.

THIS APPEAL COMING ON FOR HEARING THIS DAY, SATISH CHANDRA SHARMA J., DELIVERED THE FOLLOWING:

JUDGMENT

Learned counsel for the Income Tax Department has prayed for withdrawal of the present appeal.

2.

Hence, the appeal is dismissed as withdrawn with a liberty to file a fresh appeal in case need so arises in future.

3.

It is made clear that this Court has not observed anything on merits in respect of the questions of law framed in the present appeal.

Sd/- JUDGE

Sd/- JUDGE

sma

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