M/S.Kanrataka Vikas Grameena ... vs Asst. Commissioner Of Income Tax
2022 Latest Caselaw 12707 Kant

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                                     ITA No. 100008 of 2020


IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

       DATED THIS THE 31ST DAY OF OCTOBER, 2022

                         PRESENT
    THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
                            AND
        THE HON'BLE MR JUSTICE UMESH M ADIGA
       INCOME TAX APPEAL NO. 100008 OF 2020 (-)
BETWEEN:

    M/S.KANRATAKA VIKAS GRAMEENA BANK
    REP. BY ITS GENERAL MANAGER,
    P NAGESHWARA RAO, HEAD OFFICE,
    H.O. BUILDING, BELAGAVI ROAD, DHARWAD-580008.

                                                ...APPELLANT

(BY SRI. SHASHANK S HEGDE.,ADVOCATE)

AND:

    ASST. COMMISSIONER OF INCOME TAX
    CIRCLE 2(1),
    CENTRAL REVENUE BUILDING,
    HUBBALLI-580025.

                                              ...RESPONDENT

      THIS ITA FILED U/SEC.260A OF THE INCOME-TAX ACT, 1961,
PRAYING TO, a) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW
AS STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE
APPELLANT. b) ALLOW THE APPEAL AND SET ASIDE THE FINDINGS
TO THE EXTENT AGAINST THE ASSESSEE IN THE COMMON ORDER
PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU 'B'
BENCH IN ITA NOS.636/BANG/2015 FOR THE A.Y. 2007-08 AND IN
ITA NOS.627/BANG/2015 AND ITA NO.637/BANG/2015 FOR THE A.Y.
2011-12 DATED 19.02.2020 VIDE ANNEXURE A.
     THIS ITA COMING ON FOR ORDERS THIS DAY, S.SUNIL DUTT
YADAV J., DELIVERED THE FOLLOWING:
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                                         ITA No. 100008 of 2020


                           JUDGMENT

Learned counsel for the appellant has filed a memo,

which reads as under:

"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, Bangalore Bench in ITA No.636/Bang/2015 dated 19.02.2020 for the Assessment Year 2007-08 and challenging the order passed by the Income Tax Appellate Tribunal, Bangalore Bench in ITA No.627/Bang/2015 and 637/Bang/2015 dated 19.02.2020 for the Assessment Year 2011-12.

2. The Appellant filed Form-1 and Form-2 for declaration and undertaking for paying taxes on disputed income under the scheme named The Direct Tax Vivad Se Vishwas Act, 2020 for the Assessment Year.

3. Thereafter, the Principal Commissioner of Income Tax, Hubli issued Form-3 certificate under sub-section (1) of Section 5 of the Direct Tax Vivad Se Vishwas Act, 2020 dated 19.04.2021, after verifying Form-1 and Form-2. Copy of the Form-3 are enclosed herewith for this Hon'ble Court's reference and records.

ITA No. 100008 of 2020

4. Wherefore, in view of the above submissions the Appellant humbly prays this Hon'ble Court may be pleased to permit the Appellant to withdraw the above Income Tax Appeal with liberty to review, in case, if the dispute is not settled under the scheme the Direct Tax Vivad Se Vishwas Act, 2020 in the interest of justice and equity."

In the light of the same, the appeal is dismissed as

withdrawn. Liberty is reserved to review the matter, in case,

the dispute is not settled under the Direct Tax Vivad Se

Vishwas Act, 2020.

Sd/-

JUDGE

Sd/-

JUDGE

MBS