M/S. MARUTHI BUILDTECH (P) LTD vs. THE ASSISTANT COMMISSIONER OF INCOME TAX

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ITA/141/2017HC KarnatakaKAHC01046360201716 February 2021Bench: ALOK ARADHE,R. NATARAJ3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court noted that the issue in the appeal had become academic due to the ITAT recalling its order. The assessee sought to withdraw the appeal with liberty to revive it later.

What were the facts?

The assessee filed an appeal before the High Court against an ITAT order. The assessee later filed a miscellaneous petition before the ITAT, which recalled its earlier order for adjudication on an additional ground.

What were the issues?

Whether the appeal before the High Court has become academic due to subsequent proceedings before the ITAT.

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 16TH DAY OF FEBRUARY, 2021

PRESENT

THE HON’BLE MR.JUSTICE ALOK ARADHE

AND

THE HON’BLE MR.JUSTICE NATARAJ RANGASWAMY

I.T.A. NO.141 OF 2017

BETWEEN:

M/S. MARUTHI BUILDTECH (P) LTD., (PRESENTLY KNOWN AS M/S. DOMINIONS REALTY (P) LTD.,) REP. BY ITS MANAGING DIRECTOR SRI.SURESH JAIN, #26, REST HOUSE ROAD, BANGALORE-560 001. ...APPELLANT

(BY SRI. A. SHANKAR, SENIOR ADVOCATE FOR SRI. M. LAVA, ADVOCATE)

AND:

THE ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(4), QUEENS ROAD, C.R. BUILDING, BANGALORE-560001. …RESPONDENT (BY SRI. K.V.ARAVIND, ADVOCATE)

THIS APPEAL IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT, 1961 ARISING OUT OF ORDER DATED 03.11.2016 PASSED IN ITA NO.17/BANG/2010 PRAYING TO;

2 (a) FORMULATE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT. (b) TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST WHICH IS AGAINST THE APPELLANT IN THE ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BANGALORE IN ITA NO.17/BANG/2010 DATED 03.11.2016 (ANNEXURE-A); (c) TO PASS SUCH OTHER ORDERS, AS THIS HON’BLE COURT DEEMS FIT AND PROPER TO MEET THE ENDS OF JUSTICE.

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

JUDGMENT

Mr.A.Shankar, learned senior counsel for the assessee. Mr.K.V.Aravind, learned counsel for the revenue.

Learned senior counsel for the assessee has filed a memo in which it is stated that the assessee has filed a miscellaneous petition before the Tribunal and the Tribunal vide order dated 15.03.2017 has recalled the order dated 03.11.2016 for adjudication on the additional ground.

3 2. Therefore, in view of the order dated 15.03.2017, the issue involved in this appeal has been rendered academic.

3.

Learned senior counsel for the assesee seeks leave of this Court to withdraw the appeal with liberty to the assessee to revive the same if occasion so arises.

4.

In view of the aforementioned reasons, the appeal is dismissed as withdrawn, with liberty as prayed for.

Sd/- JUDGE

Sd/- JUDGE

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