Ita/363/2015 Of Late Shri K B Khaleel v. 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. JUSTICE E. S. INDIRESH I.T.A. NO.363/2015 BETWEEN: LATE SHRI K B KHALEEL REP. BY L/R SMT. FAHIMIDA KHATOON PROP.MUBARAK RICE MILL HARANGI OFFICE ROAD KONANUR ARAKALGUD Taluk HASSAN DISTRICT. (BY SRI A SHANKAR, SENIOR COUNSEL A/W SRI BHAIRAV KUTTAIAH, ADVOCATE) …APPELLANT AND: INCOME TAX OFFICER WARD-II AAYKAR BHAVAN BELUR ROAD HASSAN-573 217. (BY SRI K V ARAVIND, ADVOCATE) … RESPONDENT THIS APPEAL IS FILED UNDER SECTION 260A OF THE INCOME-TAX ACT, 1961, ARISING OUT OF ORDER DATED 05.03.2015 PASSED IN ITA NOS. 239 & 240/Bang/2011, FOR THE ASSESSMENT YEAR 2004-05 & 2005-06. PRAYING THIS HON'BLE COURT TO 1. TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT. 2. TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE ITAT, BANGALORE 'A' BENCH IN ITA NOS. 239 & 240/Bang/2011 RELATING TO ASSESSMENT YEARS 2004-05 & 2005-06 VIDE ITS COMMON ORDER DATED 05/03/2015. 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 Years 2004-05 and 2005- 06. The said memo reads as under: 1. “The above named appellant has filed Income Tax Appeal under Section 260A of the Income Tax Act, 1961, challenging the orders passed by the Income Tax Appellate Tribunal, Bangalore Bench for the Assessment Years 2004-05 and 2005-06. Tax Appeal under Section 260A of the Income Tax Act, 1961, challenging the orders passed by the Income Tax Appellate Tribunal, Bangalore Bench for the Assessment Years 2004-05 and 2005-06. 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 Years 2004-05 and 2005-06. declaration and undertaking for paying taxes on disputed income under the scheme named The Direct Tax Vivad Se Vishwas Act, 2020 for the Assessment Years 2004-05 and 2005-06. 3.Thereafter, the Principal Commissioner of Income Tax, Bengaluru-3 issued Form-3 certificate under sub-section (1) of Section 5 of Income Tax, Bengaluru-3 issued Form-3 certificate under sub-section (1) of Section 5 of the Direct Tax Vivad Se Viswas Act, 2020 dated 04.09.2021, 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.” Memo is placed on record. Accordingly, the appeal is disposed of as withdrawn in terms of the memo. Sd/- JUDGE Sd/- JUDGE SB