THE PR. COMMISSIONER OF INCOME TAX vs. M/S. SHRI VIJAYLASHMI SOUHARDA SAHAKARI

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ITA/100036/2017HC KarnatakaKAHC02014649201718 July 2018Bench: B.M.SHYAM PRASAD,G.NARENDAR3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court took the memo on record and dismissed the appeal. The dismissal was due to the appellant department's decision to withdraw the appeal.

What were the facts?

The Income Tax Department filed an appeal before the High Court against an order of the ITAT. The department sought to withdraw the appeal based on a circular issued by the CBDT.

What were the issues?

Whether the appeal should be withdrawn by the department based on a circular regarding the quantum of disputed facts.

Which sections of the Income-tax Act were involved?

Section 260A,Section 268A

AI-generated summary — verify with the full judgment below

- 1 - IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 18 TH DAY OF JULY 2018 PRESENT THE HON’BLE MR. JUSTICE G.NARENDAR

AND

THE HON’BLE MR. JUSTICE B.M.SHYAM PRASAD

ITA NO.100036/2017

BETWEEN

1.

THE PR. COMMISSIONER OF

INCOME TAX,

NAVANAGAR, HUBBALLI.

2.

THE INCOME TAX OFFICER, WARD-1, SIRSI.

... APPELLANTS.

(BY SRI Y.V.RAVIRAJ, ADVOCATE.)

AND

M/S. SHRI VIJAYLAKSHMI SOUHARDA SAHAKARI NIYAMITHA, SIRSI.

... RESPONDENT

(BY SRI ANANT HEGDE, ADVOCATE.)

- 2 - THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260A OF THE INCOME TAX ACT, 1961, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, PANAJI BENCH, PANAJI, IN ITA NO.159/PANAJI/2017, DATED 10.7.2017, AND CONFIRM THE ORDER DATED 28.12.2015 PASSED BY THE INCOME TAX OFFICER, WARD-1, SIRSI, ETC.,. THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, SRI G.NARENDAR, J, DELIVERED THE FOLLOWING:

JUDGMENT

Heard the learned counsel for the appellants. 2. Learned counsel for the appellants files a memo in the Court dated 18.7.2018 whereby placing reliance on the Circular No.3/2018, dated 11th July 2018, the appellant department desires to withdraw the appeal in the light of the fact that quantum of the disputed facts is less than fifty lakhs and that the circular is issued in terms of section 268A of the Income Tax Act, 1961 and directed withdrawal of such appeals. Copy of circular No.3/2018 is also placed before the Court.

- 3 - 3. Memo is taken on record. Accordingly the appeal stands dismissed as not pressed.

Sd/- JUDGE

Sd/- JUDGE

Mrk/-

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