BADAGABETTU CREDIT CO-OP SOCIETY LTD V. THE PR COMMISSIONER OF INCOME TAX (CENTRAL)

ITA/319/2021

AI Insights

The case involves three Income Tax Appeals (ITAs) filed by Badagabettu Credit Co-op Society Ltd against the orders of the Income Tax Appellate Tribunal, Bengaluru, for the assessment years 2015-16, 2016-17, and 2017-18. The appeals were filed under Section 260-A of the Income Tax Act, 1961, challenging the tribunal's decisions dated 14.10.2021. However, the appellant, represented by Shri Mahesh R. Uppin, sought to withdraw the appeals, as indicated in a memo filed on the same date. The respondents were the Principal Commissioner of Income Tax (Central) and the Assistant Commissioner of Income Tax, Central Circle-2. The court, after considering the memo, allowed the withdrawal of the appeals.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 763051 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 13-06-2022
• Assessment Year: misc
• Laws Referred To: Income Tax Act 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: K V ARAVIND
• Assessee Lawyers: MAHESH UPPIN
• Keywords: Appeal; Assessment Year; Income Tax; Withdrawal
• Section: 260-A

Judgement Text

"IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JUNE, 2022 PRESENT THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR AND THE HON’BLE MR.JUSTICE ANANT RAMANATH HEGDE I.T.A. No.319 OF 2021 C/W I.T.A. No.321 OF 2021 I.T.A. No.320 OF 2021 IN I.T.A. No.319 OF 2021 BETWEEN: BADAGABETTU CREDIT CO-OP SOCIETY LTD H.O. \"CHETHANA\" MISSION COMPOUND UDUPI-576 101 REP. BY ITS GENERAL MANAGER .…APPELLANT (BY SHRI. MAHESH R. UPPIN, ADVOCATE) AND: 1. THE PR. COMMISSIONER OF INCOME TAX (CENTRAL) C.R.BUILDING QUEEN'S ROAD BENGALURU-560 001 2. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2 PANDESHWAR MANGALURU-575 001 …RESPONDENTS (BY SHRI. K.V. ARAVIND, ADVOCATE) 2 THIS ITA IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 14.10.2021 PASSED IN ITA NO.243/BANG/2021, FOR THE ASSESSMENT YEAR 2015-2016 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW. AND SET ASIDE THE ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU IN ITA NO. 243/BANG/2021 DATED 14.10.2021 FPR ASSESSMENT YEAR 2015-16 AND ALLOW THIS APPEAL IN THE INTEREST OF JUSTICE. IN I.T.A. No.321 OF 2021 BETWEEN: BADAGABETTU CREDIT CO-OP SOCIETY LTD H.O. \"CHETHANA\" MISSION COMPOUND UDUPI-576 101 REP. BY ITS GENERAL MANAGER .…APPELLANT (BY SHRI. MAHESH R. UPPIN, ADVOCATE) AND: 1. THE PR. COMMISSIONER OF INCOME TAX (CENTRAL) C.R.BUILDING QUEEN'S ROAD BENGALURU-560 001 2. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2 PANDESHWAR MANGALURU-575 001 …RESPONDENTS (BY SHRI. K.V. ARAVIND, ADVOCATE) THIS ITA IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 14.10.2021 PASSED IN ITA NO.244/BANG/2021, FOR THE ASSESSMENT YEAR 2016-2017 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW, SET ASIDE THE ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU IN ITA NO. 244/BANG/2021 DATED 14.10.2021 3 FPR ASSESSMENT YEAR 2016-17 AND ALLOW THIS APPEAL IN THE INTEREST OF JUSTICE. IN I.T.A. No.320 OF 2021 BETWEEN: BADAGABETTU CREDIT CO-OP SOCIETY LTD H.O. \"CHETHANA\" MISSION COMPOUND UDUPI-576 101 REP. BY ITS GENERAL MANAGER .…APPELLANT (BY SHRI. MAHESH R. UPPIN, ADVOCATE) AND: 1. THE PR. COMMISSIONER OF INCOME TAX (CENTRAL) C.R.BUILDING QUEEN'S ROAD BENGALURU-560 001 2. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2 PANDESHWAR MANGALURU-575 001 …RESPONDENTS (BY SHRI. K.V. ARAVIND, ADVOCATE) THIS ITA IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 14.10.2021 PASSED IN ITA NO.245/BANG/2021, FOR THE ASSESSMENT YEAR 2017-2018 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AND SET ASIDE THE ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU IN ITA NO. 245/BANG/2021 DATED 14.10.2021 FOR ASSESSMENT YEAR 2017-18 AND ALLOW THIS APPEAL IN THE INTEREST OF JUSTICE. THESE ITAs COMING ON FOR ADMISSION, THIS DAY, P.S.DINESH KUMAR J, DELIVERED THE FOLLOWING: 4 JUDGEMENT Shri Mahesh R.Uppin, learned advocate for appellants has filed a memo of even date seeking leave to withdraw these appeals. The memo reads as follows: \"The appellant may be permitted to withdraw the above appeal with liberty to pursue the alternative remedy\" 2. Leave granted. These appeals are dismissed as withdrawn in terms of the memo. No costs. Sd/- JUDGE Sd/- JUDGE Yn. "