M/S. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED vs. THE ASSISTANT COMMISSIONER OF INCOME TAX
What did the High Court hold?
The High Court accepted the memo filed by the appellant and dismissed the appeal as withdrawn. The appellant was granted liberty to seek revival of the appeal if necessary.
What were the facts?
The appellant, M/s. Bangalore Electricity Supply Company Limited (BESCOM), filed an appeal before the High Court against an ITAT order. The appellant later informed the court that they had opted for the Vivad Se Viswas Scheme.
What were the issues?
The primary issue was the withdrawal of the appeal due to the appellant opting for the Vivad Se Viswas Scheme.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2021
PRESENT
THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ITA NO.625/2019
BETWEEN:
M/S. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED, EXECUTIVE ENGINEER (ELE.)(COM.O & M) ADDL. SOUTH DIVISION, NO.6 2ND FLOOR, 3RD BLOCK, 7TH MAIN, KORAMANGALA, BANGALORE, PAN:AACCJ2951N.
…APPELLANT
(BY SMT. C. PADMAVATHY, PARTY-IN-PERSON)
AND:
THE ASSISTANT COMMISSIONER OF INCOME TAX TDS CIRCLE-1(1), HMT BHAVAN, BELLARY ROAD, BANGALORE-560 032. …RESPONDENT
THIS APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 10/05/2019, PASSED IN ITA NO.660, 661, 662, 663 AND 664/BANG/2018, FOR THE ASSESSMENT YEAR 2011-12, 2012-13, 2013-14, 2014-15 AND 2015-16 RESPECTIVELY AND PRAYING TO (A) FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT (B) DIRECT THE TRIBUNAL TO CONSIDER THE ISSUES NOT ADJUDICATED BY THEM AND TO THAT EXTENT HOLD THAT THE ORDER OF THE TRIBUNAL IS BAD IN LAW, IN THE COMMON ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU ‘C’ BENCH IN ITA NO.660, 661, 662, 663 AND 664/BANG/2018 DATED 10/05/2019 FOR
THE ASSESSMENT YEAR 2011-12, 2012-13, 2013-14, 2014-15 AND 2015-16 RESPECTIVELY, ANNEXURE-A AND CONSEQUENTLY DIRECT THE TRIBUNAL TO ADJUDICATE THE GROUNDS NOT DECIDED, DE NOVO.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, SATISH CHANDRA SHARMA J., DELIVERED THE FOLLOWING:
JUDGMENT
Smt. C. Padmavathy, Deputy General Manager of BESCOM (CT & GST), who appeared in person has fairly stated before this Court that the appellant-Company has approached the Department under the Vivad Se Viswas Scheme.
A memo has been filed by the Deputy General Manager, praying for withdrawal of the appeal as the appellant-Company has opted for Vivad Se Viswas Scheme with liberty to seek revival, if need arises.
The memo is accepted.
The appeal is dismissed as withdrawn with liberty as prayed for in the memo. Pending IAs, if any, shall stand disposed of.
Sd/- JUDGE
Sd/-
JUDGE TL
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