Ita/100170/2015 Of M/S Saraswati Tobacco Company v. The Commissioner Of Income Tax(Appeals)

Digitally signedby VISHALNINGAPPAPATTIHALLocation: HighCourt ofKarnataka,Dharwad Bench IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21 DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR INCOME TAX APPEAL NO. 100169 OF 2015 C/W INCOME TAX APPEAL NO. 100170 OF 2015 IN INCOME TAX APPEAL NO. 100169 OF 2015 BETWEEN: M/S SARASWATI TOBACCO COMPANY 1043-A, SHIVAJI CHOWK, AT POST GALATAGA, TQ: CHIKODI, DIST: BELAGAVI, REP. BY AMAR S/O ANNASAHEB GHOTANE AGE: 45 YEARS, OCC: BUSINESS, R/O: AT POST GALATAGA, TQ:CHIKODI, DIST: BELAGAVI. …APPELLANT (BY SRI. SANGRAM S. KULKARNI, ADVOCATE) AND: 1. THE COMMISSIONER OF INCOME TAX(APPEALS) 3 FLOOR, PHIROZ KHIMJI COMPLEX, OPP. CIVIL HOSPITAL, DR.AMBEDKAR ROAD, BELAGAVI-590001. 2. THE INCOME TAX OFFICER WARD-1 NIPPANNI 3 FLOOR, PHIROZ KHIMJI COMPLEX, 3 FLOOR, PHIROZ KHIMJI COMPLEX, OPP. CIVIL HOSPITAL, DR.AMBEDKAR ROAD, BELAGAVI-590001. …RESPONDENTS (BY SRI. M. THIRUMALESH AND SMT. ROOPA ANAVEKAR, ADVOCATES) NC: 2025:KHC-D:985-DBITA No. 100169 of 2015C/W ITA No. 100170 of 2015 THIS ITA IS FILED U/S.260A OF THE INCOME-TAX ACT 1961, PRAYING TO, (A) FORMULATE THE SUBSTANTIAL QUESTION OF LAW STATED ABOVE; (B) ALLOW THE APPEAL BY ANSWERING THE SUBSTANTIAL QUESTION OF LAW IN FAVOUR OF THE APPELLANT AND SET ASIDE THE ORDER DTD:13.07.2015 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL PANAJI IN C.O.NO.15/PNJ/2015 IN ITA NO.409/PNJ/2015 ALSO SET ASIDE THE ORDER DTD:24.09.2014 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS), BELAGAVI IN ITA NO.419/BGM/2013-14 AND THE ASSESSMENT ORDER PASSED BY THE INCOME TAX OFFICER WARD-1, NIPPANI DTD:31.01.2014 FOR THE ASSESSMENT YEAR 2011-12 & ETC., IN INCOME TAX APPEAL NO. 100170 OF 2015 BETWEEN: M/S SARASWATI TOBACCO COMPANY 1043-A, SHIVAJI CHOWK, AT POST GALATAGA, TQ: CHIKODI, DIST: BELAGAVI, REP. BY AMAR S/O ANNASAHEB GHOTANE AGE: 45 YEARS, OCC: BUSINESS, R/O: AT POST GALATAGA, TQ:CHIKODI, DIST: BELAGAVI. (BY SRI. SANGRAM S. KULKARNI, ADVOCATE) …APPELLANT AND: 1. THE COMMISSIONER OF INCOME TAX(APPEALS) 3 FLOOR, PHIROZ KHIMJI COMPLEX, OPP. CIVIL HOSPITAL, DR.AMBEDKAR ROAD, BELAGAVI-590001. - 3 - NC: 2025:KHC-D:985-DB ITA No. 100169 of 2015 C/W ITA No. 100170 of 2015 2. THE INCOME TAX OFFICER WARD-1 NIPPANI 3 FLOOR, PHIROZ KHIMJI COMPLEX, OPP. CIVIL HOSPITAL, DR.AMBEDKAR ROAD, BELAGAVI-590001. (BY SRI. M. THIRUMALESH AND SMT. ROOPA ANAVEKAR, ADVOCATES) …RESPONDENTS THIS ITA IS FILED U/S.260A OF THE INCOME-TAX ACT 1961, PRAYING TO (A) FORMULATE THE SUBSTANTIAL QUESTION OF LAW STATED ABOVE (B) ALLOW THE APPEAL BY ANSWERING THE SUBSTANTIAL QUESTION OF LAW IN FAVOUR OF THE APPELLANT AND SET ASIDE THE ORDER DTD:13.07.2015 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL PANAJI IN ITA NO.409/PNJ/2014 ALSO SET ASIDE THE ORDER DTD:24.09.2014 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS), BELGAUM IN ITA NO.419/BGM/2013-14 AND THE ASSESSMENT ORDER PASSED BY THE INCOME TAX OFFICER WARD-1, NIPPANI DTD:31.01.2014 FOR THE ASSESSMENT YEAR 2011-12 & ETC., THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR NC: 2025:KHC-D:985-DBITA No. 100169 of 2015 C/W ITA No. 100170 of 2015 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) Sri. Sangram S. Kulkarni, the learned counsel for the appellant, submits that memo for withdrawal is filed as the appellant has availed benefit under Vivaad-Se-Vishwas Scheme, 2024. Therefore, appeals stand dismissed as withdrawn. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE RSH,CT:VP LIST NO.: 1 SL NO.: 15