Ita/400/2019 Of M/S. Karnataka Power Transmission Corporation Ltd v. The Income Tax Officer (Osd) (Tds)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6 DAY OF DECEMBER, 2019. PRESENT THE HON'BLE MR. JUSTICE ARAVIND KUMAR| AND THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ 1.T.A. NO.400 OF 2019 BETWEEN: M/s. Karnataka Power TransmissionCorporation Ltd..,TL & SS DivisionSomanahalliBengaluru-560 082. PAN: AABCK7281 M(Represented by its Director (Finance),Mr. Ashwin D Gowda, aged about 31 years,S/o. R.Danappa) |...Appellant(By Sri. Chythanya K.K., Advocate) AND: The Income Tax Officer (OSD)(TDS)_Large Tax Payers UnitJ.S.S.Towers, 100ft Ring Road,Banashankari III Stage, Phase 3,Banashankari, Bengaluru-S60085. ...Responden (By Sri. K.V.Aravind, Advocate) This ITA is filed under Section 260 A of the IncomeTax Act 1961, arising out of the order dated 08.02.2019passed in ITA Nos.2425 and 2426/Bang/2017 for theAssessment Year 2015-2016, praying to (a) Formulatethe substantial question of law stated above (b) Allowthe appeal and set aside the impugned order of theIncome Tax Appellate Tribunal, Bengaluru ‘C’ Benchbearing in ITA Nos.2425 and 2426/Bang/2017 for theAssessment Year 2015-2016, dated 08.02.2019 (c) Passsuch other suitable orders including order as to costs as"this Hon’ble Court may deem fit to grant in the factsand circumstances of the case in the interest of justiceand equity. This ITA coming on for admission this day,Aravind Kumar,J.,passed the following:-_ JUDGMENT 1. Learned counsel for appellant has sought forwithdrawal of appeal with a prayer to keep open allsrounds urged in the appeal on merits of case. It has.been stated in the memo to the following effect. “It is submitted the department hadfiled Appeals against the Tribunal order inITA Nos.566 to 640/2018 and ITA 656-6597/2018, which were dismissed on thebasis of low tax effect by an order dated31.10.2019. The Appellant against the saidTribunal order (to the extent prejudice) had) filed|CTrOSSappealsin.ITANos. 72TO 1459/2019. The Appellant in anticipation that thedepartment might file appeals against theother two Tribunal orders and consideringthe limitation filed appeals against those two.Tribunal orders in ITA Nos.394 to 433/2019and ITA Nos.491 to 9526/2019. It issubmitted that against the said Tribunalorders the department did not file appeals”. Since themainappeals oT|thedepartment are dismissed, the Appellant donot want to pursue the above appeals and_a? Cross appeals 2. In the light of afore stated statement made bythe assessee and odri. K.V.Aravind, learned PanelCounsel representing Revenue not disputing the factthat ITA.No.566-640/2018, 6560/2018 and 6097/201filed by Revenue having been withdrawn, we deem itproper to permit the appellant to withdraw this appealwithout expressing any opinion on merits of the caseand contentions of both parties including grounds urgedin this appeal are kept open to be adjudicated if needarises in future. Hence, appeal is dismissed as withdrawn subject to above observations. | sd Sd/-| JUDGE Sd/-. JUDGE