Ita/112/2014 Of Ittina Properties Private Limited v. The Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22 DAY OF APRIL 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE M.G.S. KAMAL BETWEEN: I.T.A. NO.112 OF 2014 ITTINA PROPERTIES PRIVATE LIMITED NO.380, OPP. CPWD QUARTERS 3RD BLOCK, KORAMANGALA BANGALORE-560034. (BY MR. A. SHANKAR, SR. COUNSEL A/W MR. RAVISHANKAR, ADV., FOR MR. M. LAVA, ADV.,) .... APPELLANT AND: THE ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(2) CENTRAL REVENUE BUILDING ANNEX QUEENS ROAD, BANGALORE-560001. ... RESPONDENT (BY MR. DILEEP KUMAR, ADV., FOR MR. K.V. ARAVIND, ADV.,) - - - THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 31.10.2013 PASSED ITA NO.132/BANG/2012 & CO NO.37/BANG/2012, FOR THE ASSESSMENT YEAR 2008-09, PRAYING TO (i) FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOR OF THE APPELLANT. (ii) 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 BENCH IN ITA NO.132/BANG/2012 & CO NO.37/BANG/2012 RELATING TO THE ASSESSMENT YEAR 2008-09 DATED 31.10.2013. THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Sri. A. Shankar, learned Senior Counsel along with Sri. Ravishankar, learned counsel for Sri. M Lava, learned counsel for the assessee. Sri. Dileep Kumar, learned counsel for the revenue. Learned Senior Counsel for the assessee submits that the dispute involved in this appeal has been settled under ‘Vivad se Vishwas’ scheme and has filed a memo seeking leave of this Court to withdraw the appeal. The aforesaid memo is placed on record. In the result, the appeal is disposed of with liberty to the assessee to seek revival of the same in case of occasion so arises. Sd/- JUDGE Mds/- Sd/- JUDGE