M/S TOYOTA KIRLOSKAR MOTOR P LTD vs. THE COMMISSIONER OF INCOME TAX, LTU

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ITA/244/2018HC KarnatakaKAHC01036362201803 July 2018Bench: S.SUJATHA,VINEET KOTHARI3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court noted that the assessee had filed a review application before the Tribunal. In view of this development, the assessee sought to withdraw the appeals filed before the High Court.

What were the facts?

The assessee company filed appeals before the High Court against an order of the Income Tax Appellate Tribunal. The assessee subsequently filed a miscellaneous application before the Tribunal for review of its order.

What were the issues?

Whether the High Court should proceed with the appeals when a review application is pending before the Tribunal. The assessee's decision to withdraw the appeals due to the pending review application.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

1/3 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3RD DAY OF JULY, 2018

PRESENT

THE HON'BLE Dr.JUSTICE VINEET KOTHARI

AND

THE HON’BLE Mrs. JUSTICE S.SUJATHA

I.T.A.Nos.244 & 422 OF 2018

BETWEEN:

M/s. Toyota Kirloskar Motor (P) Ltd., A Limited Company registered Under the provisions of Companies Act,1956 Having its office at Plot No.1, Bidadi Ind. Area, Ramanagara District, Karnataka-562109. Represented herein by its Authorized Signatory.

…Appellant

(By Sri. S.Nagananda, Sr. Counsel, for Sri. Sriranga S., Advocate)

AND:

1.

The Commissioner of Income Tax,

LTU, JSS Towers, BSK III Stage,

Bangalore-560085.

2.

The Assistant Commissioner of Income Tax,

LTU, JSS Towers, BSK III Stage,

Bangalore-560085.

…Respondents

Date of Judgment 3/7/2018 in I.T.A.Nos.244 & 422/2018 M/s. Toyota Kirloskar Motor (P) Ltd. Vs. The Commissioner of Income Tax & Anr.,

2/3

These I.T.As. are filed under section 260-A of Income Tax Act 1961, arising out of order dated 08/09/2017 passed in IT(TP)A No.350/Bang/2014 & 336/Bang/2014, for the Assessment Year 2005-2006, Annexure-F, praying to (1) formulate the substantial question of law as stated above and answer those in favour of the appellant. (2) set aside the order dated 08/09/2017 in IT(TP)A No.350/Bang/2014 & 336/Bang/2014 passed by the Income Tax Appellate Tribunal (Annexure-F) insofar as it remits the matter to the AO/TPO, and allow the said appeal in toto and etc.,

These I.T.As. coming on for orders, this day Dr. VINEET KOTHARI J, delivered the following:-

JUDGMENT

Mr. S.Nagananda, Sr. Counsel for Mr. Sriranga S., Advocate, for Appellant

Learned senior counsel has filed a memo seeking leave of the Court to withdraw the present Appeals as the assessee has filed a Miscellaneous Application before the Income Tax Appellate Tribunal for review.

Date of Judgment 3/7/2018 in I.T.A.Nos.244 & 422/2018 M/s. Toyota Kirloskar Motor (P) Ltd. Vs. The Commissioner of Income Tax & Anr.,

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In view of the above, appeals are dismissed as withdrawn.

Sd/- JUDGE

Sd/-

JUDGE

ckl.

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