What did the High Court hold?

The High Court permitted the appellant to withdraw the appeal. The court explicitly stated that no opinion was expressed on the merits of the case, and all contentions were kept open for future adjudication if necessary.

The appellant sought to withdraw its appeal before the High Court. The withdrawal was based on the fact that the department's main appeals, which were against the same Tribunal orders, had been dismissed due to low tax effect. The appellant did not wish to pursue its cross-appeals.

What were the issues?

Whether the appellant should be allowed to withdraw its appeal, and if the grounds raised on merits should be kept open.

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.503 OF 2019

BETWEEN:

M/s. Karnataka Power Transmission Corporation Ltd., Executive Engineer (Ele) TL & SS Division, Shantha Mansion, Gandhinagara, Shivamogga-577201 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 15.03.2019 passed in ITA Nos.2755 and 2756/Bang/2018 for the Assessment Year 2014-2015, 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.2755 and 2756/Bang/2018 for the Assessment Year 2014-2015, dated 15.03.2019 (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 CORPORATION LTD vs. THE INCOME TAX OFFICER (OSD)(TDS)

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