M/S Can Fin Homes Ltd., vs The Deputy Commissioner
2021 Latest Caselaw 1544 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.193 OF 2012

BETWEEN:

M/S. CAN FIN HOMES LTD.,
NO.29/1, 1ST FLOOR
M.N. KRISHNA RAO ROAD
NEAR LALBAGH WEST GATE
BASAVANAGUDI
BANGALORE-560004
REP. BY ITS MANAGING DIRECTOR
SRI. C. ILANGO
AGED ABOUT 56 YEARS
S/O SRI. M. CHINNATHAMBI.
                                           .... APPELLANT
(BY MS. PRATIBHA R, ADV., FOR
    MR. S. PARTHASARATHI, ADV.,)

AND:

THE DEPUTY COMMISSIONER
OF INCOME-TAX
CIRCLE-11(2), 5TH FLOOR
R.P. BHAVAN, NRUPATHUNGA ROAD
BANGALORE-560001.
                                          ... RESPONDENT
(BY MR. K.V. ARAVIND, ADV.,)
                               ---
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     THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX
ACT 1961, ARISING OUT OF ORDER DATED 24.02.2012 PASSED
IN ITA NO.861/BANG/2010, FOR THE ASSESSMENT YEAR 2006-
07, PRAYING TO:
     (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW
STATED ABOVE.
     (ii) SET ASIDE THE ORDER OF THE INCOME-TAX APPELLATE
TRIBUNAL DATED 24.2.2012 IN ITA NO.861/BANG/2010 FOR THE
ASSESSMENT YEAR 2006-07, IN THE INTEREST OF JUSTICE AND
EQUITY.


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


                        JUDGMENT

Smt.Prathiba R., learned counsel for the assessee has

entered appearance through video conferencing.

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dismissed as withdrawn with liberty to the assessee to revive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