Pr. Commissioner Of Income Tax vs Smt. Pushpa Devi
2022 Latest Caselaw 2485 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 15TH DAY OF FEBRUARY 2022

                         PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                           AND

         THE HON'BLE MR. JUSTICE M.G.S. KAMAL

                   I.T.A. NO.90 OF 2021

BETWEEN:

1.    PR. COMMISSIONER OF INCOME TAX-5
      BMTC COMPLEX
      KORAMANGALA, BENGALURU.

2.    THE INCOME TAX OFFICER
      WARD-5(2)(2), BENGALURU.
                                           .... APPELLANTS
(BY MR. E.I. SANMATHI, ADVOCATE)

AND:

SMT. PUSHPA DEVI
NO.1, M.M. LANE, NAGARTHPET
BANGALORE-2
PAN. AARPP0186B
                                           ... RESPONDENT
                            ---

      THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX
ACT 1961, ARISING OUT OF ORDER DATED 25.10.2019 PASSED
IN ITA NO.1436/BANG/2019 FOR THE ASSESSMENT YEAR 2006-
07, PRAYING TO:
      (i) DECIDE THE FOREGOING QUESTION OF LAW AND/OR
SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY
THE HON'BLE COURT AS DEEMED FIT.
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      (ii) SET ASIDE THE APPELLATE ORDER DATED 25.10.2019
(ANNEXURE-A) PASSED BY THE INCOME TAX APPELLATE
TRIBUNAL, SMC-C BENCH, BENGALURU, IN APPEAL PROCEEDINGS
NO. ITA NO.1436/BANG/2019 FOR ASSESSMENT YEAR 2006-07,
AS SOUGHT FOR IN THIS APPEAL, AND TO GRANT SUCH OTHER
RELIEF AS DEEMED FIT, IN THE INTEREST OF JUSTICE.

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

                         JUDGMENT

Mr.E.I.Sanmathi, learned counsel for the revenue.

Learned counsel for the revenue submits that the

assessee has applied under Vivad se Vishwas scheme. He

therefore files a memo seeking leave of this Court to

withdraw the appeal with liberty to revive the same in case

occasion so arises. The aforesaid memo is taken on record.

Accordingly, the appeal is dismissed as withdrawn with

the aforesaid liberty.

Sd/-

JUDGE

Sd/-

JUDGE

RV