M/S KINGFISHER AIRLINES LTD vs. THE ASST COMMISSIONER OF INCOME TAX (TDS)

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WP/21549/2012HC KarnatakaKAHC01026507201226 August 2015Bench: B.MANOHAR,VINEET SARAN4 pages
AI SummaryDismissed

What did the High Court hold?

The petitioner's counsel sought permission to withdraw the writ petitions due to subsequent developments. The Court granted this request, dismissing the petitions as withdrawn.

What were the facts?

The petitioner, M/s Kingfisher Airlines Ltd., filed writ petitions challenging an order/notice issued by the Assistant Commissioner of Income Tax. During the pendency of the petitions, certain developments occurred.

What were the issues?

The primary issue was whether the writ petitions should be allowed to be withdrawn by the petitioner due to changed circumstances.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26TH DAY OF AUGUST, 2015

PRESENT THE HON’BLE MR. JUSTICE VINEET SARAN

AND

THE HON’BLE MR. JUSTICE B MANOHAR

W.P Nos.21549 & 21613 – 21614 OF 2012 (T – IT)

BETWEEN:

M/S KINGFISHER AIRLINES LTD REGISTERED OFFICE AT UB TOWERS, LEVEL 12, UB CITY, NO.24, VITTAL MALLYA ROAD BANGALORE-560 001 REPRESENTED BY MR T.R.VENKATADRI ASST VICE PRSIDENT (TAXATION). …PETITIONER

(BY SMT S.R. ANURADHA, ADV)

AND:

1.

THE ASST. COMMISIONER OF INCOME TAX (TDS) CIRCLE 16(2) NO.59, HMT BHAVAN BELLARY ROAD GANGANAGAR BANGALORE-560 032

2.

THE COMMISSIONER OF INCOME TAX (TDS) CIRCLE 16(2) NO.59, HMT BHAVAN BELLARY ROAD GANGANAGAR BANGALORE-560 032

3 M/S INTERNATIONAL AIR TRANSPORT ASSOCIATION NO.101, HDO CORPORATE ENCLAVE BD SWANTHMARG, CHAKALA ANDHERI WEST, MUMBAI-400 099

4.

M/S AMERICAN EXPRES BANKING CORPPORATION, “CYBER CITY” TOWER-C, DLF BUILDING , NO.8 SECTOR, 25, DLF CITY, GURGAON, HARYANA-122 002 REPRESENTED BY ITS GENERAL MANAGER

5.

STATE BANK OF INDIA INDUSTRIAL FINANCE BRANCH #61, ‘RESIDENCY PLAZA’ RESIDENCY ROAD BANGALORE-560 025 REPRESENTED BY ITS GENERAL MANAGER

6.

AXIS BANK ATLANTA NARIMAN POINT MUMBAI-400 099 REPRESENTED BY ITS GENERAL MANAGER

7.

BILL DES K INDIAIDEAS.COM LIMITED NO.E-510, CRYSTAL PLAZA NEW LINK ROAD ANDHERI (WEST) MUMBAI-400 053 REPRESENTED BY ITS GENERAL MANAGER.

..RESPONDENTS

(BY SRI K.V. ARAVIND, ADV, A/W E.I. SANMATHI, FOR R1 AND R2 ,ADV ; SRI POOVAYYA & CO., FOR R4 SRI GANAPATHI HEGDE ADV,FOR M/S DUA ASSTS FOR R5)

THESE WPs. ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER/ NOTICE DATED 19.06.2012 ISSUED BY THE 1ST RESPONDENT VIDE ANNEXURE-A.

THESE WPs. COMING ON FOR ORDERS THIS DAY, VINEET SARAN,, J., PASSED THE FOLLOWING:

ORDER

Heard Smt.S R Anuradha, learned counsel appearing for the petitioner as well as Sri K V Aravind, learned counsel appearing for the respondents.

2.

After some arguments were advanced by learned counsel for the petitioner, she made a prayer that the petitioner may be

permitted to withdraw these writ petitions as certain developments have been taken place during the pendency of these writ petitions. She further prayed that the petitioner may be permitted to approach this Court in case any other fresh developments take place.

3.

In view of the statement made by Smt.S R Anuradha, learned counsel for the petitioner, these writ petitions are dismissed as withdrawn. However, the dismissal of these writ petitions will not come in the way of the petitioner in challenging any order passed subsequently, which may prejudice the interest of the petitioners.

Sd/- JUDGE

Sd/- JUDGE

Bkm

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