Ita/164/2016 Of M/S Elsamex -Tws-Snc Joint Venture v. Asst Commissioner Of Income Tax

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08 DAY OF NOVEMBER, 2021 PRESENT THE HON’BLE MRS. JUSTICE S. SUJATHA AND THE HON’BLE MR. JUSTICE S. RACHAIAH INCOME TAX APPEAL NO.164 OF 2016 BETWEEN M/S. ELSAMEX-TWS-SNC JOINT VENTURE REPRESENTED BY ITS MEMBER OF AOP SRI. MANOHAR SHETTY 12 FLOOR, M.G. ROAD BENGALURU – 560 001 ...APPELLANT (BY SHRI. A. SHANKAR, SENIOR ADVOCATE FOR SHRI. M. LAVA, ADVOCATE (PHYSICAL HEARING)) AND ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1(1), BENGALURU – 1 C.R. BUILDING QUEENS ROAD BENGALURU – 560 001 ...RESPONDENT (BY SHRI K.V. ARAVIND, ADVOCATE (PHYSICAL HEARING)) --- THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 09.10.2015 PASSED IN ITA NO.314/Bang/2011, FOR THE ASSESSMENT YEAR 2007-08. THIS INCOME TAX APPEAL COMING ON FOR HEARING, 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 which reads thus:- MEMO FOR WITHRDRAWAL 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 2007-08. 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 2007-08. 3. Thereafter, the Commissioner of Income Tax, Bengaluru – 1 issued Form-3 certificate under sub-section (1) of Section 5 of the Direct Tax Vivad Se Viswas Act, 2020 dated 03.02.2021, after verifying Form-1 and Form-2. Copy of the Form-3 is enclosed herewith for this Hon’ble Court’s reference and records. 4. 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. 2. Memo is placed on record. Appeal stands disposed of as withdrawn in terms of the memo. SD/- JUDGE SD/- JUDGE Bss.