the commissioner of income tax vs. M/S MANAGALORE REFINERY AND PETROCHEMICALS LTD

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ITA/704/2019HC KarnatakaKAHC01045012201921 December 2020Bench: ALOK ARADHE,H.T. NARENDRA PRASAD3 pages
AI SummaryDismissed

What did the High Court hold?

The Revenue sought to withdraw the appeal as the Vivad se Vishwas scheme application could not be processed due to the pending appeal. The Court granted liberty to revive the appeal if necessary.

What were the facts?

The Revenue filed an appeal before the High Court against an ITAT order. During the pendency of the appeal, the assessee opted for the Vivad se Vishwas scheme.

What were the issues?

Whether the appeal filed by the Revenue can be withdrawn to facilitate the processing of the assessee's Vivad se Vishwas application.

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 21ST DAY OF DECEMBER, 2020

PRESENT

THE HON’BLE MR. JUSTICE ALOK ARADHE

AND

THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD

I.T.A. NO.704 OF 2019 BETWEEN:

1.

THE COMMISSIONER OF INCOME-TAX

INTERNATIONAL TAXATION

4TH FLOOR, BMTC BUILDING

80 FEET ROAD, KORMANGALA

BENGALURU-560095.

2.

THE DEPUTY COMMISSIONER OF INCOME-TAX

INTERNATIONAL TAXATION

CIRCLE-2(2), 4TH FLOOR

BMTC BUILDING, 80 FEET ROAD

KORMANGALA, BENGALURU-560095.

… APPELLANTS (BY Mr. K.V. ARAVIND, ADV.,)

AND:

M/S. MANGALORE REFINERY AND PETROCHEMICALS LTD., KUTHETHOOR, P.O. VIA KATIPALLA, MANGALURU-575030.

…. RESPONDENT (BY Mr. VENKATESH ARABATTI, ADV., & Mr. GEORGE PHILIP, ADV.,)

THIS I.T.A. IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961, ARISING OUT OF ORDER DATED 6.2.2019 PASSED IN IT(IT)A No.1752/BANG/2017, FOR THE ASSESSMENT YEAR 2013-14, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU IN IT(IT)A No.1752/BANG/2017 DATED 6.2.2019 FOR ASSESSMENT YEAR 2013-14 ANNEXURE-C CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION, CIRCLE-2(2), BENGALURU & ETC.

THIS I.T.A. COMING ON FOR FINAL HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

JUDGMENT

Mr.K.V.Aravind, learned counsel for the revenue.

Mr.Venkatesh S. Arabatti, learned counsel along with Mr.George Philip, learned counsel for the assessee.

2.

Learned counsel for the revenue has filed a memo seeking leave of this Court to withdraw the appeal.

3.

Learned counsel for the revenue submits that during the pendency of this appeal, the assessee has preferred an application under ‘Vivad se Vishwas’ Scheme, which has been entertained and on account of pendency of the appeal, the application submitted by the assessee could not be processed further. He, therefore, seeks leave of this Court to withdraw the appeal with liberty to revive the same as and when occasion so arise.

4.

The memo is taken on record.

5.

In view of the aforesaid submissions, the appeal is disposed of in terms of liberty as prayed.

Sd/- JUDGE

Sd/- JUDGE dn/- CT-HR

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