Sri G Venkatesh vs Income Tax Officer
2021 Latest Caselaw 2174 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 9TH DAY OF JUNE 2021

                         PRESENT

       THE HON'BLE MR. JUSTICE ALOK ARADHE

                              AND

THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

                  I.T.A. NO. 214 OF 2016
BETWEEN:

SRI G VENKATESH
NO.199, 16TH MAIN
4TH T BLOCK, JAYANAGAR
BANGALORE-560 041                           ... APPELLANT

(BY SRI V. CHANDRASHEKAR FOR SRI M. LAVA, ADV.,)

AND:

INCOME TAX OFFICER
WARD-4(1)
UNITY BUILDING ANNEXE
KALINGA RAO ROAD
BANGALORE 560 027                          ... RESPONDENT
(BY SRI.K.V. ARAVIND, ADV.)
                              ---
     THIS I.T.A. IS FILED UNDER SECTION 260-A OF
INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED
23.10.2015 PASSED IN ITA NO.1351/BANG/2013 FOR THE
ASSESSMENT YEAR 2006-07, PRAYING TO:
     (i) TO FORMULATE THE SUBSTANTIAL QUESTIONS OF
LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOUR
OF THE APPELLANT.
     (ii) TO ALLOW THE APPEAL AND SET ASIDE THE
FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE
ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL
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BANGALORE 'C' BENCH, IN ITA NO.1351/BANG/2013
RELATING TO ASSESSMENT YEARS 2006-07 VIDE ITS
ORDER DATED 23.10.2015 ETC.,

    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. K.V. Arvind, learned counsel for the revenue.

This appeal under Section 260A of the Income Tax Act,

1961 (hereinafter referred to as the Act for short) challenging

the order dated 23.10.2015 passed by the Income Tax

Appellate Tribunal, Bangalore Bench in ITA

NO.1351/Bang/2013 for the Assessment Year 2006-07.

2. The learned counsel for the assessee submits

that pursuant to the order passed by the Tribunal, the

Assessing Officer has passed order under SEction 143(3)

read with Section 254 of the Act against which the appellant

had filed appeal before the Commissioner of Income Tax

(Appeal), Against the order of the Commissioner of Income

Tax (Appeal), the appellant filed appeal before the Tribunal

in ITA No.703/Bang/2019 and the appellant has already

availed the benefit of "Vivad Se Vishwas' scheme. Learned

counsel for the assessee, therefore seeks leave of this Court

to withdraw the appeal with a liberty to revive the same if

occasion so arises.

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

disposed of in terms of the liberty as prayed for.

Sd/-

JUDGE

Sd/-

JUDGE

HR