M/S Mahalakshmi Co-Operative ... vs Deputy Commissioner Of Income Tax
2021 Latest Caselaw 1540 Kant

                                1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 5TH DAY OF FEBRUARY 2021

                         PRESENT

        THE HON'BLE MR. JUSTICE ALOK ARADHE

                               AND

  THE HON'BLE MR. JUSTICE NATARAJ RANGASWAMY


                  I.T.A. NO.681 OF 2016

BETWEEN:

M/S. MAHALAKSHMI CO-OPERATIVE BANK LTD.,
REP. BY ITS GENERAL MANAGER
SRI. RAMAPPA B. KUNDAR
HO, I FLOOR, SHIVA KRUPA BUILDING
WEST BLOCK, MARUTHI VEETHIKA
UDUPI-576101.
                                             .... APPELLANT
(BY MR. NARENDRA SHARMA, ADV., FOR
    MR. M. LAVA, ADV.,)


AND:

DEPUTY COMMISSIONER OF INCOME TAX
CIRCLE-1, AAYAKAR BHAVAN
ADI UDUPI, MALPE ROAD
UDUPI-576103.
                                            ... RESPONDENT
(BY MR. K.V. ARAVIND, ADV.,)
                               ---

       THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX
ACT 1961, ARISING OUT OF ORDER DATED 26.08.2016 PASSED
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IN ITA NO.263/BANG/2013 FOR THE ASSESSMENT YEAR 2005-06,
PRAYING TO:
      (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AS
STATED ABOVE AND ANSWER THE SAME IN FAVOR OF THE
APPELLANT.
      (ii) ALLOW THE APPEAL AND SET ASIDE THE FINDINGS, TO
THE EXTENT AGAINST THE APPELLANT, IN THE ORDER PASSED BY
THE   ITAT,   BENGALURU     BENCH,      'C'   BENGALURU    IN    ITA
NO.263/BANG/2013        DATED        26.08.2016    RELATING      TO
ASSESSMENT YEAR 2005-06.
      (iii) PASS SUCH ORDERS, AS THIS HON'BLE COURT DEEMS
FIT AND PROPER TO MEET THE ENDS OF JUSTICE.


      THIS    I.T.A.   COMING   ON    FOR     HEARING,   THIS   DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:


                           JUDGMENT

Mr.Narendra Sharma, learned counsel for the assessee.

Mr.Dilip Kumar, learned counsel for Mr.K.V.Aravind,

learned counsel for the revenue.

Learned counsel for the assessee submits that the

assessee has approached under the 'Vivad se Vishwas'

scheme and Form 3 under the scheme has been issued. He,

therefore, seeks leave of this Court to withdraw the appeal

and has filed a memo in this regard. The aforesaid memo is

taken on record.

2. In view of the aforesaid submission, the appeal is

dismissed as withdrawn with liberty to the assessee to revive

the same if occasion so arises.

Sd/-

JUDGE

Sd/-

JUDGE

RV