What did the High Court hold?

The High Court permitted the appellant to withdraw the appeal. No opinion was expressed on the merits of the case, and the grounds urged were kept open for future adjudication.

The appellant sought to withdraw their appeal before the High Court. They stated that similar appeals filed by the department were dismissed due to low tax effect, and they did not wish to pursue their cross-appeals.

What were the issues?

Whether the appellant should be allowed to withdraw their appeal, and if the grounds raised should be kept open for future consideration.

M/S Karnataka Power Transmission vs ITO | Karnataka High Court 2019

-: 1 :-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6TH DAY OF DECEMBER, 2019

PRESENT

THE HON'BLE MR. JUSTICE ARAVIND KUMAR

AND

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

I.T.A. NO.382 OF 2019

BETWEEN:

M/s. Karnataka Power Transmission Corporation Ltd., Transmission Zone, KPTCL Zonal Office Complex, Section No.45 110KV Station Premises, Bagalkot-587103 PAN: AABCK7281 M (Represented by its Director (Finance), Mr. Ashwin D Gowda, aged about 31 years, S/o. R.Danappa)

…Appellant (By Sri. Chythanya K.K., Advocate)

AND:

The Income Tax Officer (OSD)(TDS) Large Tax Payers Unit J.S.S.Towers, 100ft Ring Road, Banashankari III Stage, Phase 3, Banashankari, Bengaluru-560085.

…Respondent (By Sri. K.V.Aravind, Advocate)

-: 2 :-

This ITA is filed under Section 260 A of the Income Tax Act 1961, arising out of the order dated 08.02.2019 passed in ITA Nos.2407 and 2408/Bang/2017 for the Assessment Year 2015-2016, praying to (a) Formulate the substantial question of law stated above (b) Allow the appeal and set aside the impugned order of the Income Tax Appellate Tribunal, Bengaluru ‘C’ Bench bearing in ITA Nos.2407 and 2408/Bang/2017 for the Assessment Year 2015-2016, dated 08.02.2019 (c) Pass such other suitable orders including order as to costs as this Hon’ble Court may deem fit to grant in the facts and circumstances of the case in the interest of justice and equity.

This ITA coming on for admission this day, Aravind Kumar, J., passed the following:-

JUDGMENT

Learned counsel for appellant has sought for withdrawal of appeal with a prayer to keep open all grounds urged in the appeal on merits of case. It has been stated in the memo to the following effect. “It is submitted the department had filed Appeals against the Tribunal order in ITA Nos.566 to 640/2018 and ITA 656- 657/2018, which were dismissed on the basis of low tax effect by an order dated 31.10.2019. The Appellant against the said Tribunal order (to the extent prejudice) had filed cross appeals in ITA Nos.72 to 145/2019.

-: 3 :-

The Appellant in anticipation that the department might file appeals against the other two Tribunal orders and considering the limitation filed appeals against those two Tribunal orders in ITA Nos.354 to 433/2019 and ITA Nos.491 to 526/2019. It is submitted that against the said Tribunal orders the department did not file appeals”.

Since the main appeals of the department are dismissed, the Appellant do not want to pursue the above appeals and cross appeals”.

In the light of afore stated statement made by the assessee and Sri. K.V.Aravind, learned Panel Counsel representing Revenue not disputing the fact that ITA.No.566-640/2018, 656/2018 and 657/2018 filed by Revenue having been withdrawn, we deem it proper to permit the appellant to withdraw this appeal without expressing any opinion on merits of the case and contentions of both parties including grounds urged in this appeal are kept open to be adjudicated if need arises in future.

-: 4 :-

Hence, appeal is dismissed as withdrawn subject to above observations.

Sd/-

JUDGE

Sd/- JUDGE

M/S KARNATAKA POWER TRANSMISSION vs. THE INCOME TAX OFFICER (OSD) (TDS)

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