THE COMMISSIONER OF INCOME TAX vs. M/S V S LAD and SONS

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ITA/100101/2014HC KarnatakaKAHC02010617201430 October 2019Bench: ALOK ARADHE,P.G.M.PATIL5 pages
AI SummaryDismissed

What did the High Court hold?

The High Court allowed the Revenue's application to withdraw the appeals. Consequently, the appeals filed by the Revenue were dismissed as withdrawn.

What were the facts?

The Revenue filed appeals before the High Court against orders of the Income Tax Appellate Tribunal. The Tribunal had dismissed the Revenue's appeals and allowed the assessee's appeals in multiple cases.

What were the issues?

The primary issue was the Revenue's decision to withdraw the appeals before the High Court, leading to their dismissal.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, C BENCH,

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 30TH DAY OF OCTOBER, 2019 PRESENT THE HON’BLE MR.JUSTICE ALOK ARADHE

AND

THE HON’BLE MR.JUSTICE P.G.M. PATIL

I.T.A.No.100101 OF 2014 C/W I.T.A.Nos.100102, 100105 & 100106 OF 2014

IN ITA No.100101/2014 BETWEEN:

1.

THE COMMISSIONER OF INCOME TAX, SADUM ROAD, GULBARGA.

2.

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -2(3), BANGALORE. ... APPELLANTS (BY SRI. TULAJAPPA KALABURAGI, ADVOCATE)

AND

M/S V S LAD & SONS, PRASANTH NIVAS, KRISHNA NAGAR, SANDUR – 583119, BELLARY – DISTRICT, PAN:AACFV3909R. ... RESPONDENT (BY SRI. A.SHANKAR, SENIOR COUNSEL & SRI. SHASHANK HEGDE, ADVOCATE)

2 THIS I.T.A. IS FILED U/SEC.260A OF THE INCOME-TAX ACT, 1961 AGAINST ORDER PASSED IN ITA NO.18/BANG/2013 DATED 13.06.2014 ON THE FILE OF THE INCOME TAX APPELLATE TRIBUNAL, 'C' BENCH, BANGALORE, DISMISSING THE APPEAL FILED BY THE REVENUE AND ALLOWING THE APPEAL FILED BY THE ASSESSEE.

IN ITA No.100102/2014

BETWEEN:

1.

THE COMMISSIONER OF INCOME TAX, SADUM ROAD, GULBARGA.

2.

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -2(3), BANGALORE. ... APPELLANTS (BY SRI. TULAJAPPA KALABURAGI, ADVOCATE)

AND

M/S V S LAD & SONS, PRASANTH NIVAS, KRISHNA NAGAR, SANDUR - 583119 BELLARY DISTRICT PAN:AACFV3909R. ... RESPONDENT (BY SRI. A.SHANKAR, SENIOR COUNSEL & SRI. S.S.HEGDE, ADVOCATE)

THIS I.T.A. IS FILED U/SEC.260A OF THE INCOME-TAX ACT, 1961 AGAINST ORDER PASSED IN ITA NO.145/BANG/2013 DATED 13.06.2014 ON THE FILE OF THE INCOME TAX APPELLATE TRIBUNAL, 'C' BENCH, BANGALORE, DISMISSING THE APPEAL FILED BY THE REVENUE AND ALLOWING THE APPEAL FILED BY THE ASSESSEE.

3 IN ITA No.100105/2014

BETWEEN

1.

THE COMMISSIONER OF INCOME TAX, SADUM ROAD, GULBARGA.

2.

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(3), BANGALORE. ... APPELLANTS

(BY SRI. TULAJAPPA KALABURAGI, ADVOCATE)

AND

M/S V S LAD & SONS PRASANTH NIVAS, KRISHNA NAGAR, SANDUR - 583119, BELLARY DISTRICT, PAN: AACFV3909R. ... RESPONDENT

(BY SRI. A.SHANKAR, SENIOR COUNSEL & SRI. S.S.HEGDE, ADVOCATE)

THIS I.T.A. IS FILED U/SEC.260A OF THE INCOME-TAX ACT, 1961 AGAINST ORDER PASSED IN ITA NO.144/BANG/2013 DATED 13.06.2014 ON THE FILE OF THE INCOME TAX APPELLATE TRIBUNAL, 'C' BENCH, BANGALORE, DISMISSING THE APPEAL FILED BY THE REVENUE AND ALLOWING THE APPEAL FILED BY THE ASSESSEE.

4 IN ITA No.100106/2014

BETWEEN

1.

THE COMMISSIONER OF INCOME TAX, SADUM ROAD, GULBARGA.

2.

THE ASSISTANT COMMISSIONER, OF INCOME TAX, CIRCLE-2(3), BANGALORE. ... APPELLANTS

(BY SRI. TULAJAPPA KALABURAGI, ADVCOATE)

AND

M/S V S LAD & SONS PRASANTH NIVAS, KIRSHNA NAGAR, SANDUR - 583119, BELLARY DISTRICT PAN: AACFV3909R. ... RESPONDENT

(BY SRI. A.SHANKAR, SENIOR COUNSEL & SRI. SHASHANK HEGDE, ADVOCATE)

THIS I.T.A. IS FILED U/SEC.260A OF THE INCOME-TAX ACT, 1961 AGAINST ORDER PASSED IN ITA NO.19/BANG/2013 DATED 13.06.2014 ON THE FILE OF THE INCOME TAX APPELLATE TRIBUNAL, 'C' BENCH, BANGALORE, DISMISSING THE APPEAL FILED BY THE REVENUE AND ALLOWING THE APPEAL FILED BY THE ASSESSEE.

THESE APPEALS COMING ON FOR FINAL HEARING THIS DAY, ALOK ARADHE, J, MADE THE FOLLOWING:

5 ORDER

Mr.Tulajappa Kalaburagi, learned counsel for the Revenue. 2. Mr.A.Shankar, learned senior counsel and Mr.Shashank S.Hegde, learned counsel for the assessee. 3. In view of the circular dated 08.08.2019 issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, the learned counsel for the Revenue seeks leave of this Court to withdraw the aforesaid appeals. Accordingly, the aforesaid appeals are dismissed as withdrawn.

SD/- JUDGE

SD/- JUDGE CLK

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