Ita/283/2011 Of Shri N V Jayaram v. The Income -Tax Officer

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26 DAY OF OCTOBER, 2021 PRESENT THE HON’BLE MRS. JUSTICE S. SUJATHA AND THE HON’BLE MR. E.S. INDIRESH I.T.A. NO.283/2011 BETWEEN: SHRI N V JAYARAM NO.686, KEMPEGOWDA LAYOUT BANASHANKARI III STAGE BENGALURU-560 026. (BY SRI A SHANKAR, SENIOR COUNSEL A/W SRI BHAIRAV KUTTAIAH, ADVOCATE) …APPELLANT AND: THE INCOME-TAX OFFICER WARD 5(2), UNITY BUILDING ANNEX MISSION ROAD BENGALURU-560 027. (BY SRI ARAVIND K V, ADVOCATE) … RESPONDENT THIS APPEAL IS FILED UNDER SECTION 260A OF THE INCOME-TAX ACT, 1961, ARISING OUT OF ORDER DATED 23.03.2011 PASSED IN ITA NO.801/Bang/2010 FOR THE ASSESSMENT YEAR 1994-95, PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO (I). FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN. (II) ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE TRIBUNAL IN ITA NO.801/(BANG)/2010 DATED 23/03/2011, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, S.SUJATHA J., DELIVERED THE FOLLOWING: JUDGMENT Learned counsel for the assessee has filed a memo dated 26.10.2021 for withdrawal of the appeal relating to the Assessment Year 1994-95. The said memo reads as under: 1.“The above named appellant has filed Income Tax Appeals under Section 260A of the Income Tax Act, 1961, challenging the order passed by the Income Tax Appellate Tribunal, Bangalore Bench for the Assessment Year 1994-95. Tax Appeals under Section 260A of the Income Tax Act, 1961, challenging the order passed by the Income Tax Appellate Tribunal, Bangalore Bench for the Assessment Year 1994-95. 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 1994-95 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 1994-95 3.Thereafter, the Principal Commissioner of Income Tax, Bengaluru-2 issued Form-3 certificate under sub-section (1) of Section 5 of the Direct Tax Vivad Se Viswas Act, 2020 dated 19.04.2021, after verifying Form-1 and Form-2. Copy of the Form-3 is enclosed herewith for the Hon’ble Court’s reference and records. Income Tax, Bengaluru-2 issued Form-3 certificate under sub-section (1) of Section 5 of the Direct Tax Vivad Se Viswas Act, 2020 dated 19.04.2021, after verifying Form-1 and Form-2. Copy of the Form-3 is enclosed herewith for the Hon’ble Court’s reference and records. 4.Wherefore, in view of the above submissions the Appellant humbly prays this Hon’ble Court may 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.” the Appellant humbly prays this Hon’ble Court may 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.” Memo is placed on record. Accordingly, the appeal is disposed of as withdrawn in terms of the memo. Sd/- JUDGE Sd/- JUDGE SB