Ita/211/2016 Of M/S K Mohan & Company v. The Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7 DAY OF JUNE, 2022 PRESENT THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR AND THE HON’BLE MR. JUSTICE ANANT RAMANATH HEGDE INCOME TAX APPEAL NO.211/2016 C/W INCOME TAX APPEAL NO.417/2015 IN ITA NO.211/2016: BETWEEN: M/S K MOHAN & COMPANY (EXPORTS) PVT. LTD., B1, 62-5, BEGUR ROAD, BOMMANAHALLI, BANGALORE-560 068, REPRESENTED BY DIRECTOR SMT. POOJA RAJU MAHTANEY, AGED ABOUT 59 YEARS, WIFE OF SRI RAJU MOHANDAS MAHTANEY. …APPELLANT (BY SMT.JINITA CHATTERJEE, ADVOCATE FOR SRI S PARTHASARATHI) AND: THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 11(5), 14/3, RASTROTHANA BHAVAN, 5TH FLOOR, NRUPATUNGA ROAD, BANGALORE-560 001. …RESPONDENT (BY SRI K.V.ARAVIND, ADVOCATE) THIS I.T.A IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 06/11/2015 PASSED IN M.P.NO.96/BANG/2015 ARISING OUT OF ITA NO.1057/BANG/2012, FOR THE ASSESSMENT YEAR 2008-09 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AND TO ALLOW THE APPEAL BY INCLUDING THE PROFIT ON THE CANCELLATION OF FORWARD CONTRACT FOR CONSIDERING ELIGIBILITY FOR DEDUCTION U/S.10B OF THE ACT VIDE TRIBUNAL ORDER DT. 06.11.2015 IN M.P.NO.96/BANG/2015 ARISING OUT OF ITA NO.1057/BANG/2012 FOR ASST YEAR: 2008-09 ANNEXURE-‘A’. IN ITA NO.417/2015: BETWEEN: M/S K MOHAN & COMPANY (EXPORTS) PVT. LTD., B1, 62-5, BEGUR ROAD, BOMMANAHALLI, BANGALORE-560 068, REPRESENTED BY DIRECTOR SRI RAJU M MAHTANEY, AGED ABOUT 65 YEARS, SON OF SRI MOHANDAS KUNDANMAL MAHTANEY. …APPELLANT (BY SMT.JINITA CHATTERJEE, ADVOCATE FOR SRI S PARTHASARATHI) AND: THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 11(5), 14/3, RASTROTHANA BHAVAN, 5TH FLOOR, NRUPATUNGA ROAD, BANGALORE-560 001. …RESPONDENT (BY SRI K.V.ARAVIND, ADVOCATE) ---- THIS I.T.A IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 24/04/2015 PASSED IN ITA NOS.1093/BANG/2009 AND 1266/BANG/2010 FOR THE ASSESSMENT YEAR 2006-07 AND 2007-08 (ANNEXURE-A) PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AND TO ALLOW THE APPEAL AND SET ASIDE THE COMMON ORDER OF THE ITAT BEARING ITA NOS.1093/BANG/2009 AND 1266/BANG/2010 FOR A.YRS:2006-07 AND 2007-08 DT: 24/04/2015 (ANNEXURE-A). THESE APPEALS COMING ON FOR ORDERS THIS DAY, P.S. DINESH KUMAR J, DELIVERED THE FOLLOWING:- JUDGMENT Learned advocate for the appellants has filed a memo on 03.06.2022 seeking leave to withdraw these appeals. 2. Leave granted. Appeals are accordingly dismissed as withdrawn. No costs. Sd/- JUDGE Sd/- JUDGE