High Court Dismisses Revenue's Appeal as Withdrawn in Income Tax Case — Liberty Granted to Raise Similar Questions in Other Appeals. The appeal under Section 260-A of the Income Tax Act, 1961, was withdrawn by the revenue without prejudice to raising similar issues in other appeals.

High Court: Karnataka High Court Bench: BENGALURU
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Case Note & Summary

The case is an appeal filed by the revenue (Pr. Commissioner of Income Tax and Deputy Commissioner of Income Tax) under Section 260-A of the Income Tax Act, 1961, against an order of the Income Tax Appellate Tribunal (ITAT), Bangalore, dated 10/4/2018 in ITA No.1104/Bang/2015 for the assessment year 2010-11. The respondent is M/s. Ranjitpura Infrastructure Pvt. Ltd. During the hearing, the learned counsel for the revenue, Sri K.V. Aravind, submitted that the appellants be permitted to withdraw the appeal without prejudice to the similar questions being raised in other appeals. In view of this submission, the court dismissed the appeal as withdrawn in terms of the liberty as prayed for. The judgment is brief and does not discuss any substantive legal issues or facts of the case.

Headnote

A) Income Tax - Appeal Withdrawal - Liberty to Raise Similar Questions - The revenue sought to withdraw the appeal under Section 260-A of the Income Tax Act, 1961, without prejudice to raising similar questions in other appeals. The court permitted the withdrawal and dismissed the appeal as withdrawn in terms of the liberty prayed for. (Paras 2-3)

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Issue of Consideration

Whether the appeal should be permitted to be withdrawn without prejudice to raising similar questions in other appeals.

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Final Decision

The appeal is dismissed as withdrawn in terms of liberty as prayed for.

Law Points

  • Withdrawal of appeal
  • Liberty to raise similar questions in other appeals
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Case Details

2020 LawText (KAR) (07) 72

I.T.A. NO.689 OF 2018

2020-07-09

Alok Aradhe, Hemant Chandangoudar

K.V. Aravind

The Pr. Commissioner of Income Tax, 5th Floor, BMTC Building, 80 Feet Road, Kormangala, Bengaluru-560095; The Deputy Commissioner of Income Tax, Central Circle-1(2), Present Address DCIT Circle-5(1)(1), 2nd Floor, BMTC Building, 80 Feet Road, Kormangala, Bengaluru-560095

M/s. Ranjitpura Infrastructure Pvt. Ltd., No.101, Plot No.10, Pride Elite, Museum Road, Bengaluru-560001, PAN: AADCR 8205J

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Nature of Litigation

Appeal under Section 260-A of the Income Tax Act, 1961 against order of ITAT

Remedy Sought

Revenue sought to withdraw the appeal without prejudice to raising similar questions in other appeals

Filing Reason

Revenue challenged the ITAT order dated 10/4/2018 for assessment year 2010-11

Previous Decisions

ITAT order dated 10/4/2018 in ITA No.1104/Bang/2015

Issues

Whether the appeal should be permitted to be withdrawn without prejudice to raising similar questions in other appeals.

Submissions/Arguments

Learned counsel for the revenue submitted that the appellants be permitted to withdraw the appeal without prejudice to the similar questions being raised in other appeals.

Ratio Decidendi

The court permitted withdrawal of the appeal as requested by the revenue, with liberty to raise similar questions in other appeals.

Judgment Excerpts

Learned counsel for the revenue submits that the appellants be permitted to withdraw the appeal without prejudice to the similar questions being raised in other appeals. In view of the aforesaid submission, the appeal is dismissed as withdrawn in terms of liberty as prayed for.

Procedural History

The revenue filed an appeal under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Bangalore dated 10/4/2018 in ITA No.1104/Bang/2015 for the assessment year 2010-11. During hearing, the revenue sought to withdraw the appeal, which was permitted by the court.

Acts & Sections

  • Income Tax Act, 1961: 260-A
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