M/S Elsamex -Tws-Snc Joint ... vs Commissioner Of Income Tax
2021 Latest Caselaw 3613 Kant

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      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 8TH DAY OF NOVEMBER, 2021

                        PRESENT

         THE HON'BLE MRS. JUSTICE S. SUJATHA

                         AND

         THE HON'BLE MR. JUSTICE S. RACHAIAH


          INCOME TAX APPEAL NO.163 OF 2016

BETWEEN

M/S. ELSAMEX-TWS-SNC JOINT VENTURE
REPRESENTED BY ITS MEMBER OF AOP
SRI. MANOHAR SHETTY
12TH FLOOR, M.G. ROAD
BENGALURU - 560 001.                    ...APPELLANT

(BY SHRI A. SHANKAR, SENIOR ADVOCATE FOR
 SHRI. M. LAVA, ADVOCATE (PHYSICAL HEARING))

AND

COMMISSIONER OF INCOME TAX
BENGALURU - 1
C.R. BUILDING
QUEENS ROAD
BENGALURU - 560 001.                   ...RESPONDENT

(BY SHRI K.V. ARAVIND, ADVOCATE (PHYSICAL HEARING))

     THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260A
OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED
09.10.2015 PASSED IN ITA NO.610/Bang/2011, FOR THE
ASSESSMENT YEAR 2006-07.
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     THIS INCOME TAX APPEAL COMING ON FOR HEARING,
THIS DAY, S.SUJATHA J., DELIVERED THE FOLLOWING:


                           JUDGMENT

Learned counsel for the appellant has filed a memo which

reads thus:-

MEMO FOR WITHRDRAWAL

1. The above named Appellant has filed Income Tax Appeal under Section 260A of the Income Tax Act, 1961 challenging the order passed by the Income Tax Appellate Tribunal for the Assessment year 2006-07. The appeal before the Tribunal was on an order passed by the learned Commissioner of Income Tax under section 263 of the Act dated 17.03.2011.

2. The Assessing Officer has passed a consequential order under section 143(3) r.w.s 263 of the Act pursuant to directions of the Commissioner of Income Tax vide order under section 263 of the Act. An appeal was pending before the Tribunal against this order of the Assessing Officer in ITA No.2452/Bang/2019.

3. The Appellant has availed the benefit under the Vivad se Vishwas Act, 2020 on the appeal filed before

the Tribunal in ITA No.2452/Bang/2019 against the order of the Assessing Officer passed under Section 143(3) r.w.s. 263 of the Act for the Assessment Year 2006-07.

4. Wherefore, in view of the above submissions the Appellant humbly prays this Hon'ble Court may be pleased to consider this appeal as academic, with liberty to revive the appeal, if needs arises.

5. We are extremely sorry for the inconvenience caused to the Hon'ble Court and pray the Hon'ble Court pass such orders as it deems fit for the advancement of substantial cause of justice.

2. Memo is placed on record. Appeal stands disposed

of as withdrawn in terms of the memo.

Sd/-

JUDGE

Sd/-

JUDGE

Bss.