Ita/319/2011 Of M/S Oracle India Private Limited v. The Commissioner Of Income-Tax

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16 DAY OF FEBRUARY, 2021 PRESENT THE HON’BLE MR.JUSTICE ALOK ARADHE AND THE HON’BLE MR.JUSTICE NATARAJ RANGASWAMY I.T.A. NO.319 OF 2011 BETWEEN: M/S ORACLE INDIA PRIVATE LIMITED, REP. BY ITS ACCOUNTS AND PAYROLL MANAGER SRI. P. KAVERIAPPA, 6 FLOOR, DIVYASHREE CHAMBERS, LANGFORD ROAD, BANGALORE-560025. ...APPELLANT (BY SRI. A.SHANKAR, SENIOR ADVOCATE FOR SRI. M. LAVA, ADVOCATE) AND: THE COMMISSIONER OF INCOME-TAX, BANGALORE-III, C.R. BUILDING, QUEENS ROAD, BANGALORE-560001. (BY SRI. K.V.ARAVIND, ADVOCATE) …RESPONDENT THIS APPEAL IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT, 1961 ARISING OUT OF ORDER DATED 29.03.2011 PASSED IN ITA NO.661/BANG/2007, FOR THE ASSESSMENT YEAR 2002-2003 PRAYING TO; (a) FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT; (b) ALLOW THE APPEAL AND SET ASIDE THE FINDINGS IN THE ORDER PASSED BY THE TRIBUNAL IN ITA NO.661/(BANG)/2007 DATED 29.03.2011; (c) PASS SUCH OTHER ORDERS, AS THIS HON’BLE COURT DEEMS FIT AND PROPER TO MEET THE ENDS OF JUSTICE. THIS APPEAL COMING ON FOR HEARING THIS DAY, ALOK ARADHE, J., DELIVERED THE FOLLOWING: JUDGMENT Mr.K.V.Aravind, learned counsel for the revenue. Mr.A.Shankar, learned senior counsel for Mr.Lava, learned counsel for the assessee. Learned senior counsel for the assessee submits that against the order giving effect under Section 263 of the Income Tax Act, 1961 the assessee has availed all the benefits under ‘Vivid se Vishwas’ scheme and therefore, the learned counsel for the assessee seeks leave of this Court to withdraw the appeal, with liberty to permit him to amend the cause title and to describe the name of the appellant as M/s. Oracle India Private Limited. 2. He is permitted to do so. In view of the aforesaid submission, the appeal is dismissed as withdrawn, with liberty to revive the same if occasion so arises. Sd/- JUDGE Sd/- JUDGE GH