M/S. Khoday Eshwarsa And Sons vs The Commissioner Of Income Tax
2021 Latest Caselaw 1446 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 27TH DAY OF JANUARY 2021

                        PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                          AND

     THE HON'BLE MR. JUSTICE NATARAJ RANGASWAMY

                 I.T.A. NO.620 OF 2016
BETWEEN:

M/S. KHODAY ESHWARSA AND SONS
NO.9, SHESHADRI ROAD
BENGALURU 560009
A FIRM REP. BY ITS PARTNER
SRI. K.L. SWAMY
PAN: AACFK 8629H.
                                           .... APPELLANT
(BY MR. A. SHANKAR, SR. COUNSEL FOR
    MR. GURUMURTHY M, ADV.,)

AND:

1.     THE COMMISSIONER OF INCOME TAX
       BENGALURU II, BMTC BUILDING
       KORAMANGALA, 80 FEET ROAD
       BENGALURU-560095.

2.   THE DEPUTY COMMISSIONER OF INCOME TAX
     CIRCLE 3(1), BMTC BUILDING
     KORAMANGALA, 80 FEET ROAD
     BENGALURU-560095.
                                       ... RESPONDENTS
(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 17.06.2016 PASSED
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IN ITA NO.614/BANG/2011 FOR THE ASSESSMENT YEAR 2006-07,
PRAYING TO:
      (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW
STATED ABOVE.
      (ii) ALLOW THE APPEAL AND SET ASIDE THE ORDERS
PASSED BY THE ITAT, BENGALURU IN ITA 614/BANG/2011 DATED
17.06.2016 (ANNEXURE-C) UPHOLDING THE ORDER PASSED BY
THE COMMISSIONER OF INCOME TAX AND CONSEQUENTLY
CONFIRM THE ORDER PASSED BY THE ASSESSING OFFICER
DATED 22.12.2008.
      (iii) PASS SUCH OTHER SUITABLE ORDERS AS THIS
HON'BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE
AND EQUITY.

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

                       JUDGMENT

Mr.S.Annamalai, learned counsel for the assessee.

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dismissed as withdrawn with liberty to the assessee to revive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