M/S THE HAMLET, vs. THE INCOME TAX OFFICER WARD - 6(2)(4)

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ITA/153/2025HC KarnatakaKAHC01058254202507 November 2025Bench: B M SHYAM PRASAD,T.M.NADAF4 pages
AI SummaryDismissed

What did the High Court hold?

The High Court disposed of the appellant's appeal as withdrawn, granting liberty to revive it under specific circumstances. This was based on the fact that the Revenue's appeal against the same ITAT order had already been dismissed.

What were the facts?

The appellant filed an appeal challenging an ITAT order. The Revenue had also filed an appeal against the same ITAT order, which was dismissed by the High Court.

What were the issues?

The primary issue was the disposal of the appellant's appeal in light of the dismissal of the Revenue's appeal against the same ITAT order.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

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HC-KAR NC: 2025:KHC:45246-DB ITA No. 153 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF INCOME TAX APPEAL NO. 153 OF 2025

BETWEEN:

M/S THE HAMLET, NO. 11, KEMWELL HOUSE, TUMKUR ROAD, YESHWANTHPUR, 560022 BENGALURU REP. BY ITS PARTNER SRI KARAN BAGARIA, AGED ABOUT 41 YEARS SON OF LATE SRI SUBHASH BAGARIA …APPELLANT (BY SRI. SHREEHARI KUTSA.,ADVOCATE)

Digitally signed by REKHA R Location: High Court of Karnataka

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HC-KAR NC: 2025:KHC:45246-DB ITA No. 153 of 2025

AND:

THE INCOME TAX OFFICER WARD - 6(2)(4) BENGALURU 2ND FLOOR, BMTC BUILDING 80 FEET ROAD, KORAMANGALA BENGALURU - 560095.

…RESPONDENT

THIS ITA IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT, 1961, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE INCOME TAX APPELLANT TRIBUNAL, BENGALURU, A BENCH IN ITA NO.70/BANG/2023 RELATING TO ASSESSMENT YEAR 2010-11 VIDE ITS ORDER DATED 16.11.2023.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF

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HC-KAR NC: 2025:KHC:45246-DB ITA No. 153 of 2025

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD)

The learned counsel for the appellant has filed a memo which reads as under: "The Appellant humbly submits that the present appeal is filed challenging the order of the Income Tax Appellate Tribunal in ITA No. 70/BANG/2023 dated 16-11-2023 in so far as it was against the appellant. The Income Tax Appellate Tribunal was pleased to rule the matter in favour of the assessee/appellant on the merits of the matter. The Revenue filed statutory appeal before this Hon'ble court in ITA No.193/2024 which has since been dismissed by this Hon'ble High Court vide judgment dated 02.09.2025.

It is humbly submitted that the present appeal of the assessee/appellant may be disposed as withdrawn with liberty to revive it in the event of the judgment of this Hon'ble Court in ITA 193/2024 being overturned by any superior court or under any other circumstances."

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HC-KAR NC: 2025:KHC:45246-DB ITA No. 153 of 2025

With liberty, subject to all just exceptions, the appeal stands disposed of.

Sd/- (B M SHYAM PRASAD) JUDGE

Sd/- (T.M.NADAF) JUDGE

AN/-

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