Ita/117/2019 Of M/S Karnataka Power Transmission Corporation Ltd v. The Income Tax Officer (Osd) (Tds)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6 DAY OF DECEMBER, 2019. PRESENT THE HON'BLE MR. JUSTICE ARAVIND KUMAR| AND THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ 1.T.A. NO.117 OF 2019 BETWEEN: M/s. Karnataka Power TransmissionCorporation Ltd..,TL & 8S Division, KPTCLNehru Nagar, Belagavi-590010PAN: AABCK/281 M(Represented by its Director (Finance),Ms. Aditi Raja, aged about 99 years,D/o. Devesh Chandra)(By Sri. Chythanya K.K., Advocate) ... Appellan AND: The Income Tax Officer (OSD)(TDS)_Large Tax Payers UnitJ.S.S.Towers, 100it Ring Road,Banashankari III Stage, Phase 3,Banashankari, Bengaluru-S60085.(By Sri. K.V.Aravind, Advocate) ...Responden This ITA is filed under Section 260 A of the IncomeTax Act 1961, arising out of the order dated 02.05.2018passed in ITA Nos.2271 and 2272/Bang/2017 for theAssessment Year 2013-2014, praying to (a) Formulatethe substantial question of law stated above (b) Allowthe appeal and set aside the impugned order of theIncome Tax Appellate Tribunal, Bengaluru ‘A’ Benchbearing in ITA Nos.2271 and 2272/Bang/2017 dated02.05.2018 tor the Assessment Year 2013-2014 and (c)Pass such other suitable orders including order as tocosts as this Hon’ble Court may deem fit to grant in thefacts and circumstances of the case in the interest otfjustice and equity. This ITA coming on for admission this day,Aravind Kumar,J.;passed the following:-_ JUDGMENT 1. Learned counsel for appellant has sought for withdrawal of appeal with a prayer to keep open allerounds urged in the appeal on merits of case. It has. been stated in the memo to the following effect. “It 1s submitted the department hadfiled Appeals against the Tribunal order inITA Nos.s66 to 640/2018 and ITA 69566957/2018, which were dismissed on thebasis of low tax effect by an order dated31.10.2019. The Appellant against the saidTribunal order (to the extent prejudice) had)filed CTrOSSappeals1nITANos. 72TO 145/2019.| The Appellant in anticipation that thedepartment might file appeals against theother two Tribunal orders and consideringthe limitation filed appeals against those two.Tribunal orders in ITA Nos.394 to 433/2019and ITA Nos.491 to 9526/2019. It issubmitted that against the said Tribunalorders the department did not file appeals”.| Since|themainappeals oT|thedepartment are dismissed, the Appellant donot want to pursue the above appeals and_a? Cross appeals 2. In the light of afore stated statement made by the assessee and odri. K.V.Aravind, learned PanelCounsel representing Revenue not disputing the factthat ITA.No.566-640/2018, 6560/2018 and 6097/201filed by Revenue having been withdrawn, we deem itproper to permit the appellant to withdraw this appealwithout expressing any opinion on merits of the caseand contentions of both parties including grounds urgedin this appeal are kept open to be adjudicated if needarises in future. Hence, appeal is dismissed as withdrawn subjectto above observations. sd Sd/-. JUDGE Sd/-. JUDGE