By Sri v. Chandrashekar For Sri M. Lava, Adv

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 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