Ita/204/2024 Of Total Environment v. The Deputy Commissioner Of Income Tax

Digitally signedby SHAKAMBARILocation: HIGHCOURT OFKARNATAKA IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18 DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR INCOME TAX APPEAL NO. 204 OF 2024 BETWEEN: TOTAL ENVIRONMENT BUILDING SYSTEMS PRIVATE LIMITED, 'IMAGINE' NO.78, ITPL MAIN ROAD, EPIP ZONE, WHITEFIELD, BANGALORE 560 066, REP. HEREIN BY ITS DIRECTOR MR. KAMAL SAGAR. …APPELLANT (BY MS. MAHIMA GOUD, ADVOCATE FOR SMT. TANMAYEE RAJKUMAR, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-5(1)(1) BMTC BUILDING 80 FEET ROAD, KORAMANGALA, BANGALORE 560 095 2. THE PRINCIPAL COMMISSIONER OF INCOME TAX-5, BMTC BUILDING, 80 FEET ROAD, KORAMANGALA, BANGALORE 560 095 …RESPONDENTS (BY SRI. SUSHAL TIWARI, ADVOCATE) - 2 - THIS ITA / INCOME TAX APPEAL IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 18.12.2023 PASSED IN (IN ITA NO.352/BANG/2023. ASSESSMENT YEAR 2012-2013 PRAYING TO A) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT (PER: HON'BLE MR JUSTICE KRISHNA S DIXIT) Learned counsel for the appellant has filed a memo dated 18.03.2025 seeking leave of this Court to withdraw the appeal. Memo reads as under: "The Advocate for the Appellant submits that the above appeal was filed challenging the order dated 18.12.2023 passed by the Income Tax Appellate Tribunal in ITA No.352/Bang/2023 for the assessment year 2012-13. It is submitted that the Appellant wishes to resolve the dispute under the provisions of the Direct Tax Vivad Se Vishwas Scheme, 2024 ("the Scheme") and in this regard has filed the relevant declaration. Pursuant to the declaration filed by the Appellant, the Income-tax Department has issued Form-2 under the Finance (No.2) Act, 2024. A true copy of the Form-2 dated 06.03.2025 is produced herewith and marked as Annexure-A. The Appellant seeks to withdraw the above appeal with the liberty to seek restoration of the appeal in the event that the application under the Scheme does not proceed or attain finality. Wherefore, it is most humbly prayed that this Hon'ble Court may be pleased to take the memo together with the annexure on record and permit the Appellant to withdraw above appeal, in the interests of justice and equity". 2. In view of the above, appeal is disposed off as having been withdrawn, in terms of the memo. Liberty is reserved to the assessee to seek revival of this appeal, in the event, the efforts to settle the lis in terms of 'Vivad Se Vishwas Scheme' does not fructify. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE