M/S TRITON VALVES LIMITED vs. ASSISTANT COMMISSIONER OF INCOME TAX

PDF · subscribers
ITA/425/2016HC KarnatakaKAHC01040959201610 January 2018Bench: L.NARAYANA SWAMY (AG.CJ),P.S.DINESH KUMAR3 pages
AI SummaryRemanded

What did the High Court hold?

The High Court set aside the ITAT's order dismissing the appeal due to delay. The matter was remitted back to the ITAT for reconsideration, allowing the appellant to file a better affidavit.

What were the facts?

The appellant sought to file a better affidavit to support their application for condonation of delay in filing an appeal before the ITAT. The ITAT had previously dismissed the appeal on grounds of delay.

What were the issues?

Whether the ITAT erred in dismissing the appeal solely on the grounds of delay without considering a potentially valid explanation. The issue revolves around the condonation of delay in filing an appeal.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

ITA No.425/2016

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10TH DAY OF JANUARY 2018

PRESENT

THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE

AND

THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR INCOME TAX APPEAL NO.425/2016

BETWEEN :

M/S. TRITON VALVES LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, SRI ADITYA M.GOKARN NO.22, SUNRISE CHAMBERS ULSOOR ROAD BANGALORE – 560 042

...APPELLANT

(BY SRI SHANKAR A AND SRI M.LAVA, ADVOCATES)

AND :

ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 12(4), R.P.BHAVAN NRUPATHUNGA ROAD BANGALORE – 560 001

...RESPONDENT

(BY SRI E.I.SANMATHI, ADVOCATE)

THIS INCOME TAX APPEAL FILED UNDER SECTION 260-A OF I.T. ACT, 1961 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AND TO SET ASIDE THE ORDER DATED 29.04.2016 IN ITA NO.1629/BANG/2014 FOR THE ASSESSMENT YEAR 2010-2011 PASSED BY THE ITAT ‘C’ BENCH, BENGALURU.

THIS INCOME TAX APPEAL COMING ON FOR ADMISSION, THIS DAY, THE ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:

ITA No.425/2016

-2-

JUDGMENT

Ag.CJ (Oral):

1.

Learned counsel appearing for the appellant submits that the appellant may be permitted to file a better affidavit in support of the application for condonation of the delay in filing the appeal in ITA No.1629/Bang/2014 before the Income Tax Appellate Tribunal, and consequently, the impugned order dismissing the aforesaid appeal of the appellant on the ground of delay may be set aside and the matter may be remitted to the Appellate Tribunal for reconsideration in accordance with law.

2.

Learned counsel appearing for the respondent has no objection for permitting the appellant to file a better affidavit in support of the application for condonation of the delay in filing the appeal and to set aside the impugned order and to remit the matter to the Tribunal for reconsideration.

3.

Having regard to the facts of the case and in the interest of justice, we accept the submission made by the learned

ITA No.425/2016

-3-

counsel for the parties and accordingly make the following order: Impugned order dated 29.04.2016 passed in ITA No.1629/Bang/2014 is set aside. The matter is remitted to the Appellate Tribunal for reconsideration in accordance with law. The appellant is at liberty to file a better affidavit in support of the application for condonation of the delay in filing the appeal in ITA No.1629/Bang/2014.

Appeal disposed of.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

hkh.

More judgments on Section 260-A

All 2,570 judgments and leading authorities on Section 260-A →

Recent GST High Court judgments

Search GST case law →