M/S CHAITANYA vs. THE DEPUTY COMMISSIONER

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ITA/600/2016HC KarnatakaKAHC01044401201617 February 2021Bench: ALOK ARADHE,R. NATARAJ3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court took the memo on record and, for the reasons stated therein, dismissed the appeal as withdrawn. Liberty was granted to revive the appeal if the occasion arises.

What were the facts?

The assessee, M/s Chaitanya Properties Private Limited, filed an appeal before the High Court against an order of the Income Tax Appellate Tribunal. The assessee subsequently filed a memo seeking to withdraw the appeal.

What were the issues?

The primary issue was the withdrawal of the appeal by the assessee. The court's decision was based on the assessee's request to withdraw.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17TH DAY OF FEBRUARY, 2021

PRESENT

THE HON’BLE MR.JUSTICE ALOK ARADHE

AND

THE HON’BLE MR.JUSTICE NATARAJ RANGASWAMY

I.T.A. NO.600 OF 2016

BETWEEN:

M/S CHAITANYA PROPERTIES PRIVATE LIMITED, REP. BY ITS DIRECTOR, SRI. K.M.SRINIVASA MURTHY, NO.17, SANKEY ROAD, BANGALORE-560 020 PAB: AACCC5900A ...APPELLANT

(BY SRI. S.ANNAMALAI, ADVOCATE FOR SRI. M.LAVA, ADVOCATE)

AND:

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(2), BMTC BUILDING, 80 FEET ROAD, 6TH BLOCK, KORAMANGALA, BANGALORE-560 095. …RESPONDENT

(BY SRI. E.I.SANMATHI, ADVOCATE FOR SRI. K.V.ARAVIND, ADVOCATE)

2 THIS APPEAL IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT, 1961 ARISING OUT OF ORDER DATED 30.06.2016 PASSED IN ITA NO.1365/BANG/2015, FOR THE ASSESSMENT YEAR 2007-2008 PRAYING TO;

(a) FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT;

(b) ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BANGALORE BENCH ‘B’ BANGALORE IN ITA NO.1365/BANG/2015 DATED 30.06.2016 (ANNEXURE-A).

THIS APPEAL COMING ON FOR HEARING THIS DAY, ALOK ARADHE, J., DELIVERED THE FOLLOWING:

JUDGMENT

Mr.S.Annamalai, learned counsel for Mr.M.Lava, learned counsel for the assessee.

Mr.E.I.Sanmathi, learned counsel for Mr.K.V.Aravind, learned counsel for the revenue.

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

2.

The aforesaid memo is taken on record. For the reasons assigned in the memo, the appeal is dismissed

3 as withdrawn with liberty to revive the same in case the occasion so arises.

Sd/- JUDGE

Sd/- JUDGE

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