Karnataka High Court
ITA/18/2025 of MSPL LIMITED Vs THE ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 2(1) on 10 September 2026
CNR: KAHC010052682025 NC: 2026:KHC:49703-DB ITA No. 18 of 2025 C/W ITA No. 19 of 2025 ITA No. 20 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA INCOME
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
INCOME TAX APPEAL NO. 18 OF 2025
C/W
INCOME TAX APPEAL NO. 19 OF 2025 AND
INCOME TAX APPEAL NO. 20 OF 2025
BETWEEN:
MSPL LIMITED
117, BADDOTA BHAVAN,
(ANNEX), MAHARSHI KARVE ROAD,
CHARCH GATE, MUMBAI-400020
PAN: AABCM1040N
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956 AND
REP. BY ITS JOINT MANAGING DIRECTOR,
MR. RAHUL KUMAR N BALDOTA,
S/O MR. NARENDRA KUMAR BALDOTA,
AGED ABOUT 57 YEARS
OCC: SERVICE,
R/AT CHINAR, DAM ROAD,
BALDOTA COLONY, HOSPET,
BELLARY, KARNATAKA-583203.
…APPELLANT
(COMMON IN ALL APPEALS)
(BY SRI. J.D. MISTRY, SR. COUNSEL FOR
SRI P.D. ANKUR, ADV. (VC & PH))
AND:
THE ASSISTANT COMMISSIONER
OF INCOME TAX
Digitally signed by
NANJUNDACHARI
Location: High
Court of
Karnataka
HC-KAR
CENTRAL CIRCLE 2(1)
BMTC BUILDING, 80FT ROAD
KORAMANGALA
BENGALURU-560095.
…RESPONDENT
(COMMON IN ALL APPEALS)
(BY SRI. RAVI RAJ Y. V., AND SRI M. DILIP, ADVS.)
THESE APPEALS ARE FILED UNDER SECTION 260-A OF
INCOME TAX ACT 1961, PRAYING TO ALLOW THE APPEAL AND SET- ASIDE THE IMPUGNED ORDER PRONOUNCED ON 14.08.2024 BY B
BENCH OF THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU
BENCH IN ITA NO.372/BANG/2011 (ANNEXURE-M) FOR 2007-08, ITA
NO.373/BANG/2011 (ANNEXURE-M) FOR AY 2007-08 AND ITA
NO.374/BANG/2011 (ANNEXURE-M) FOR AY 2008-09 RESPECTIVELY.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE S.G.PANDIT
AND
HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
Heard learned senior counsel Sri.J.D.Mistry for Sri.P.D.Ankur, learned counsel for the appellant/assessee and learned counsel Sri.Y.V.Ravi Raj for Sri.Dilip.M., learned counsel for the respondent/Revenue.
2. Learned senior counsel for the appellant would submit that for the present, this Court need not examine
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the substantial questions of law raised in the appeal and would further submit that the appellant be permitted to withdraw the appeals with liberty to revive the appeals if necessary. Further, learned senior counsel would submit that subsequent to passing of the impugned orders herein, Miscellaneous Applications were filed before the Tribunal and those Miscellaneous Applications were allowed by the ITAT order dated 11.02.2026.
3. Learned counsel for the appellant on record would also file memo for withdrawal of the appeals. The memo reads as follows: “HEREIN, the memo on behalf of the Appellant is as under:
The Appellant in the top-noted appeal had challenged the common order dated 14.08.2024 passed by the Hon'ble Income Tax Appellate Tribunal ('Tribunal') for Assessment Years ('AY') AY 2006-07 to 2008-09 in ITA No.372 to 374/Bang/2011 (hereinafter referred to as 'impugned order').
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Since, the impugned order of the Tribunal disclosed certain mistakes which were apparent from the record, the Appellant filed miscellaneous applications before the Tribunal under section 254(2) of the Act for the AY 2006-07 to 2008-09 in M.A.No.56 to 58/Bang/2024. Given the pendency of the miscellaneous petitions before the Tribunal, this Hon'ble Court was pleased to defer the hearings in the top-noted appeal.
It is submitted that the Tribunal vide order dated 11.02.2026 has allowed the miscellaneous application of the Appellant for AY 2006-07 to 2008-09 in M.A.No.56 to 58/Bang/2024 and has recalled the impugned common order dated 14.08.2024 passed in ITA No.372 to 374/Bang/2011. A true copy of the common order dated 11.02.2026 passed by the Tribunal in M.A.No.56 to 58/Bang/2024 is produced herewith as ANNEXURE-1. Given the same, the prayer of the Appellant in the top noted appeal has become infructuous and does not survive for consideration at the hands of this Hon'ble Court.
In the circumstances, the Appellant seeks leave of this Hon'ble Court to withdraw the top- noted appeal. The Appellant therefore respectfully prays that this Hon'ble Court may be pleased to
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dismiss the appeal as 'withdrawn' with liberty reserved to the Appellant to seek revival of the appeal before this Hon'ble Court, if necessity arises, at a later stage in accordance with law.”
4. Memo is placed on record.
5. In view of the subsequent developments, the appellants are permitted to withdraw the appeals. The appeals are dismissed, with liberty as sought in the memo.
Sd/- (S.G.PANDIT) JUDGE
Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE
NC CT:bms List No.: 1 Sl No.: 15