THE COMMISSIONER OF INCOME TAX vs. R.K. RAKESH

PDF · subscribers
RP/186/2013HC KarnatakaKAHC01007040201309 January 2015Bench: B.MANOHAR,N.KUMAR3 pages
AI SummaryAllowed

What did the High Court hold?

The High Court allowed the appeal as no substantial question of law arose for consideration. This was due to the respondent having already paid the entire demand amount.

What were the facts?

The respondent company paid the entire demand arising from the assessment. The company intends to liquidate and wishes to withdraw from the litigation.

What were the issues?

Whether the appeal survives for consideration when the entire demand has been paid by the assessee and the assessee intends to liquidate.

Which sections of the Income-tax Act were involved?

Section 260

AI-generated summary — verify with the full judgment below

- 1 -

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26TH DAY OF AUGUST, 2019

PRESENT THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY

AND

THE HON’BLE MR. JUSTICE R.DEVDAS

ITA NO.186 OF 2013

BETWEEN:

1.

THE DIRECTOR OF INCOME TAX

INTERNATIONAL TAXATION,

RASHTROTHANA BHAVAN,

NRUJPATHUNGA ROAD,

BANGALORE

2.

THE DEPUTY DIRECTOR OF INCOME TAX

INTERNATIONAL TAXATION,

CIRCLE – 11(1), RATHTROTHANA BHAVAN

NRUJPATHUNGA ROAD,

BANGALORE ... APPELLANTS (BY SRI K.V.ARAVIND, ADV. & SRI DILIP, ADV.,)

AND

M/S SYNOPSYS INTERNATIONAL OLD LIMITED,

RMZ INFINITY, TOWER A, 4TH & 5TH FLOOR,

MUNICIPAL NO.3, OLD MADRAS ROAD,

BENNIGANAHALLI, BANGALORE-560016 ... RESPONDENT

(BY SRI T.SURYANARAYANA, ADV.)

***

- 2 -

THIS ITA IS FILED UNDER SECTION 260 OF THE IT ACT, 1961 ARISING OUT OF ORDER DT. 10.12.2012 PASSED IN ITA NO.569/BNG/2011 FOR THE ASSESSMENT YEAR 2004-05 PRAYING TO SET ASIDE THE SAME, ETC.,

THIS ITA IS COMING ON FOR FINAL HEARING THIS DAY NARAYANA SWAMY. J., DELIVERED THE FOLLOWING:

JUDGMENT

This appeal is filed by the appellants praying to set aside the order dated 10.12.2012 in ITA No.569/BNG/2011 for the assessment year 2004-05 and confirm the order of the Appellate Commissioner confirming the order passed by the Deputy Director, Commissioner of Income Tax, Circle-11(1), Bangalore.

2.

In this appeal the respondent has filed a memo dated 29.06.2019 praying to allow the appeal, since they have already paid the entire demand arising out of the assessment. The said memo is accompanied by the letter of payment made details and the acknowledgment. It is also stated that respondent – Company now intends to liquidate the company and wants to wriggle out of the litigation. The learned counsel for respondent further submits that ground urged in the appeal may not survive for consideration in view of the memo filed by them.

- 3 -

3.

In the circumstances, the appeal has to be allowed since no substantial question of law arises for consideration in view of the fact that the respondent has already paid the entire demand amount by the appellants. Along with the memo the respondent has also produced copy of the payment made to the appellant sand acknowledgement dated 06.01.2012. The learned counsel for the appellants submits that they have not made any further demand from the respondent.

4.

The memo is accepted and taken on record.

5.

In view of the said memo and in the facts and circumstances of the case, the appeal is allowed. The order passed by the Tribunal dated 10.12.2012 in ITA No.569/BNG/2011 for the assessment year 2004-05, is set aside.

SD/- JUDGE

SD/- JUDGE VK

More judgments on Section 260

All 82 judgments and leading authorities on Section 260 →

Recent GST High Court judgments

Search GST case law →