Ita/106/2021 Of M/S Vikasa Vividhoddesha Sahakara Sangha Niyamita v. The Income Tax Officer

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15 DAY OF NOVEMBER, 2021 PRESENT THE HON’BLE MRS.JUSTICE S.SUJATHA AND THE HON’BLE MR. JUSTICE V.SRISHANANDA I.T.A.No.106/2021 BETWEEN : M/s VIKASA VIVIDHODDESHA SAHAKARA SANGHA NIYAMITA REP BY ITS PRESIDENT ALOYSIUS D’ SOUZA 1-20-A, GURUVAYUNKERE PERINJE VANIJYA SANKEERNA BELTHANGADY DAKSHINA KANNADA-574217 PAN: ...APPELLANT (BY SRI A.SHANKAR, SENIOR COUNSEL FOR SRI M.LAVA, ADV.) AND : THE INCOME TAX OFFICER WARD -1, RADHIKA COMPLEX COURT ROAD, PUTTUR DAKSHINA KANNADA-574201 …RESPONDENT (BY SRI E.I.SANMATHI, ADV.) THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 08.11.2019 PASSED IN ITA NO.1424/BANG/2019, FOR ASSESSMENT YEAR 2016-2017, PRAYING TO a) TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT. b) TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE INCOME TAX APPELLANT TRIBUNAL, BENGALURU ‘B’ BENCH IN ITA NO.1424/BANG/2019 DATED 18.11.2019 FOR THE ASSESSMENT YEAR 2016-2017 VIDE ANNEXURE-A. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, S. SUJATHA, J., DELIVERED THE FOLLOWING: J U D G M E N T Learned counsel for the appellant has filed a memo seeking leave of the Court to withdraw the appeal, which reads thus:- “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 2016-17. 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 2016-17. Thereafter, the Commissioner of Income Tax, Panaji issued Form – 3 certificate under sub-section (1) of Section 5 of the 4. Direct Tax Vivad Se Viswas Act, 2020 dated 28.01.2021, after verifying Form – 1 and Form – 2. Copy of the Form – 3 is enclosed herewith for this Hon’ble Court’s reference and records. 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 revive, 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.” The memo is placed on record. The appeal stands disposed of as withdrawn in terms of the memo. Sd/- JUDGE Sd/- JUDGE