Ita/139/2017 Of M/S Rajesh Exports Limited v. The Deputy Commissioner Of Income Tax

Digitally signedby YASHODHA NLocation: HIGHCOURT OFKARNATAKA IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16 DAY OF AUGUST, 2022 PRESENT THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR AND THE HON'BLE MRS. JUSTICE M.G. UMA INCOME TAX APPEAL NO. 139 OF 2017 BETWEEN: M/S. RAJESH EXPORTS LIMITED REP. BY ITS CHAIRMAN SRI. RAJESH J MEHTA #4, "BATAVIA CHAMBERS" KUMARA PARK WEST BENGALURU-560 001 PAN: …APPELLANT (BY SHRI. A. SHANKAR, SENIOR ADVOCATE FOR SHRI. M. LAVA, ADVOCATE) AND: THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-12(4) BMTC BUILDING, 6[ ]KORAMANGALA BMTC BUILDING, 6[ ] BLOCK BENGALURU-560 095 …RESPONDENT (BY SHRI. K.V. ARAVIND, ADVOCATE) THE ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 31.05.2016 PASSED IN ITA NO.858/BANG/2010, FOR THE ASSESSMENT YEAR 2005-06, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AS STATED THEREIN AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT AND ETC. THIS ITA COMING ON FOR ORDERS, THIS DAY, P.S.DINESH KUMAR J, DELIVERED THE FOLLOWING: JUDGMENT Shri A.Shankar, learned Senior Advocate for the appellant submits that by the impugned order dated 31.05.2016, ITAT[1] has remitted the matter to the AO[2] and the AO has completed the assessment and granted some relief. The appellant has challenged the said order dated 29.12.2017 before the CIT (A)[3] and the same has been dismissed on 31.12.2018. The Assessee has challenged CIT(A)'s order in ITA No.464/Bang/2017 and the same is pending before the ITAT. 2. In view of the above, the appellant seeks leave to withdraw this appeal with liberty to urge the contentions 1 Income Tax Appellate Tribunal 2 Assessing Officer 3 Commissioner of Income Tax (Appeals) raised in this appeal before the ITAT in ITA No.464/Bang/2017. 3. Leave granted. Appeal stands disposedof with liberty as prayed for. No costs. Sd/- JUDGE Sd/- JUDGE YN List No.: 1 Sl No.: 23