Ita/362/2011 Of M/S.dhfl Vysya Housing Finance Ltd v. The Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KARNATAKA AT BANGALOREDATED THIS THE 13 DAY OF JUNE, 2012 PRESENT THE HON’BLE MR.JUSTICE D V SHYLENDRA KUMAR AND THE HON’BLE MR.JUSTICE B MANOHAR Income Tax Appeal No.362 of 2011 BETWEEN: M/S.DHFL VYSYA HOUSING FINANCE LTD.,REP. BY ITS MANAGING DIRBCTORoRI R NAMBIRAJAN,NO.3, 8TH A MAIN ROADJVT TOWERS, HUDSON CIRCLEBBHIND PUNJAB NATIONAL BANKSAM PANGIRAMNAGARBANGALORE - 560 027 APPBRLLAN AND: [IBY SRI A SHANKAR, ADV. THE ASSISTANT COMMISSIONEROF INCOMB TAXCIRCLE-11(1), RP BHAVANOPP.RBI, NO.14/3, 5TH FLOORNRUPATHUNGA ROADBANGALORE — 560 OO1%RBSPONDENT IBY SRI K V ARAVIND, ADV.] THIS APPEAL [IS FILED UNDER SBCTION JO0O0A OF INCOME TAX ACT, 1961, PRAYING TO SET ASIDE ORDER DATED04.08.2011 PASSED IN MP NO. 34/BANG/2011 IN ITA NO,376(BANG)/2010 FOR THE ASSESSMENT YEAR 2005-06 AND ETC., THIS APPEAL COMING ON FOR ADMISSION THIS DAY, D VSHYLENDRA KUMAR.J., DELIVERED THE FOLLOWING: JU DBiGMENT ori. Shankar, learned counsel for the appellant -assessee submits that in view of the fact that the questionswhich the assessee seeks to raise in this appeal but arisingout of the order passed by the Tribunal on an applicationunder section 2594/2] of the Income Tax Act, 1961, burejecting the same, has already been made subject matter ofappeal against the original order of the Tribunal and thatappeal is pending, the present appeal is not pressed forexamination and the appeal may be permitted to bewithdrawn. 2.A memo is also placed to this effect. Submission noted.Memo received on record. 3.This appeal is dismissed as withdrawn. Sd/-JUDGE AN/- Sd/-JUDGE