Ita/121/2019 Of M/S Karnataka Power Transmission v. The Income Tax Officer

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.121 OF 2019 BETWEEN: M/s. Karnataka Power TransmissionCorporation Ltd.,400 KV Station & SSM Division Talaguppa-977430PAN: AABCK7/281 M(Represented by its Director (Finance),Ms. Aditi Raja, aged about 59 years,D/o. Devesh Chandra) .. Appellant... Responde (By Sri. Chythanya K.K., Advocate) AND: The Income Tax Officer (OSD)(TDS)Large Tax Payers UnitJ.S.5.Towers, 1OOft Ring Road,Banashankari III Stage, Phase 3,Banashankari, Bengaluru-S60085. (By Sri. K.V.Aravind, Advocate) RREEEK This ITA is filed under Section 260 A oft the Income TaxAct 1961, arising out of the order dated 02.05.2018 passedin ITA Nos.2275 & 2276/Bang/2017 tor the AssessmentYear 2013-2014, praying to (a) Formulate the substantialquestion of law stated above.(b) Allow the appeal and setaside the impugned order of the Income Tax AppellateTribunal, Bengaluru ‘A’ Bench bearing in ITA Nos.2275 and2276/Bang/2017 dated 02.05.2018 for the Assessment Year2013-2014 and (c) Pass such other suitable orders includingorder as to costs as this Hon’ble Court may deem fit to grantin the facts and circumstances oft the case in the interest ofjustice and equity. This ITA coming on for admission this day,AravindKumar,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 is submitted the department hadfiled Appeals against the Tribunal order inITA Nos.566 to 640/2018 and ITA 656-6597/2018, 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|CTrOSSappealsin.ITANos. 72TO 1459/2019. 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 urged in this appeal are kept open to be adjudicated if needarises in future. Hence, appeal is dismissed as withdrawn subject to above observations. sd Sd/- JUDGE| Sd/-. JUDGE