THE COMMISSIONER OF INCOME TAX vs. M/S. ASIA POWER PROJECTS PVT LTD

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ITA/630/2013HC KarnatakaKAHC01047263201316 July 2018Bench: S.SUJATHA,VINEET KOTHARI3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court noted that the demand in question was set aside by the assessing authority itself. The Revenue's counsel did not dispute this fact.

What were the facts?

The Revenue filed an appeal against an ITAT order. During the pendency of the appeal, the assessing authority passed a rectification order setting aside the demand in question.

What were the issues?

Whether the Revenue's appeal is rendered infructuous due to subsequent rectification by the assessing authority.

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 JULY, 2018 PRESENT THE HON’BLE Dr.JUSTICE VINEET KOTHARI AND

THE HON’BLE MRS.JUSTICE S SUJATHA ITA No.630/2013 Between: 1. The Commissioner of Income-Tax, C.R.Building, Queens Road, Bengaluru.

2.

The Deputy Commissioner of Income-Tax, Circle-11(1), Rashtrothana Bhavan, Nrupathunga Road, Bengaluru.

... Appellants (By Sri.K.V.Aravind, Advocate)

And:

M/s Asia Power Projects Pvt. Ltd., 6, Lakeside Residency, 6, Annaswamy Mudhaliar Road, Bengaluru – 560 042.

... Respondent

(By Smt.Vani.H, Advocate)

Date of Judgment:16.07.2018 in ITA No.630/2013 The Commissioner of Income-Tax and Anr. Vs. M/s Asia Power Projects Pvt.Ltd. 2

This ITA is filed under Section 260-A of Income Tax Act 1961, arising out of order dated 07.06.2013 passed in S.P.No.73/Bang/2013 (A/o S.P.No.145/Bang/2012 in ITA No.934/Bang/2011), for the Assessment Year 2007- 2008 praying to 1. formulate the substantial questions of law stated above, 2. allow the appeal and set aside the orders passed by the ITAT, Bangalore S.P.No.73/Bang/2013 (A/o S.P.No.145/Bang/2012 in ITA No.934/Bang/2011) dated 07.06.2013 and confirm the order of the Appellate Commissioner confirming the order passed by the Deputy Commissioner of Income Tax, Circle-11(1), Bangalore.

This ITA coming on for Admission this day, Vineet Kothari, J., delivered the following: JUDGMENT

Sri.K.V.Aravind, Adv for Appellants – Revenue. Smt.Vani.H, Adv for Respondent – Assessee.

1.

Learned counsel for the assessee submits that in view of the subsequent developments in the case by the Rectification Order, the demand in question has been set aside by the assessing authority himself and therefore, the present appeal filed by the Revenue is rendered infructuous.

2.

Learned counsel for the Revenue does not dispute this position.

Date of Judgment:16.07.2018 in ITA No.630/2013 The Commissioner of Income-Tax and Anr. Vs. M/s Asia Power Projects Pvt.Ltd. 3

Accordingly, appeal of Revenue is dismissed as having been rendered infructuous. No costs.

Sd/- JUDGE

Sd/- JUDGE

*dn/- (List No.1 Sl.No.1)

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