M/S. Shushrutha vs The Assistant Director Of ...
2021 Latest Caselaw 1087 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 16TH DAY OF JANUARY 2021

                         PRESENT

        THE HON'BLE MR. JUSTICE ALOK ARADHE

                           AND

  THE HON'BLE MR. JUSTICE NATARAJ RANGASWAMY

                 I.T.A. NO.109 OF 2017
BETWEEN:

M/S. SHUSHRUTHA
EDUCATIONAL TRUST
REP. BY ITS SECRETARY
DR. L.V.G. NARGUND
NO.2366/27, "GURUKRUPA"
12TH MAIN, A BLOCK, 2ND STAGE
RAJAJINAGAR, BENGALURU-560010.
                                            .... APPELLANT
(BY MR. CHANDRASHEKAR V, ADV.,
    MR. M. LAVA, ADV.,)

AND:

THE ASSISTANT DIRECTOR OF INCOME-TAX
(EXEMPTIONS), CIRCLE 17(2)
6TH FLOOR, UNITY BUILDING ANNEXE
P. KALINGA ROAD, BENGALURU-560027.
                                           ... RESPONDENT
(BY MR. DILIP KUMAR, ADV., FOR
    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 30.09.2016 PASSED
IN CROSS OBJECTION NOS.80 TO 83/BANG/2012 ARISING OUT
OF ITA NO.418 TO 421/BANG/2012, FOR THE ASSESSMENT YEAR
2004-05, 2005-06, 2006-07 AND 2007-08 DATED 30.09.2016
(ANNEXURE-A) PRAYING TO
      (i) FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS
STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE
APPELLANT.
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      (ii) ALLOW THE APPEAL TO THE EXTENT AGAINST THE
APPELLANT IN THE ORDER PASSED BY THE ITAT IN CROSS
OBJECTION NOS.80 TO 83/BANG/2012 ARISING OUT OF ITA
NO.418 TO 421/BANG/2012 FOR THE ASSESSMENT YEARS 2004-
05, 2005-06, 2006-07 AND 2007-08 DATED 30.09.2016
(ANNEXURE-A).
      (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.V.Chandrashekar, 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 has filed a memo

seeking leave of this Court to withdraw the appeal with

liberty to revive the same if occasion so arises. The

aforesaid memo is taken on record.

2. For the reasons assigned in the memo, the appeal is

dismissed as withdrawn with liberty as aforesaid.

Sd/-

JUDGE

Sd/-

JUDGE RV