Ita/57/2023 Of All India Granites And Stone Associaton v. The Assistant Commissioner Of Income Tax (Exemptions)

Digitally signedby NANDINI DLocation: HighCourt ofKarnataka IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20 DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE G BASAVARAJA INCOME TAX APPEAL NO. 57 OF 2023 BETWEEN: ALL INDIA GRANITES AND STONE ASSOCIATION (PRESENTLY KNOWN AS FEDERATION OF INDIAN GRANITE AND INDUSTRY), REPRESENTED BY ITS GENERAL SECRETARY, SRI. S. KRISHNA PRASAD, S/O SRI. S. SUBBA RAO, AGED ABOUT 63 YEARS, NO.429/7, STONA, 12 CROSS, SADASHIVANAGAR, BANGALORE-560 080, PAN AAATA 1735 G …APPELLANT (BY SRI. ANNAMALAI S., ADVOCATE) AND: THE ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE-1, UNITY BUILDING ANNEXE, MISSION ROAD, BANGALORE-560 027. …RESPONDENT (BY SRI. M. DILIP, ADVOCATE) THIS INCOME TAX APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, PRAYING TO A) TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE G BASAVARAJA HON'BLE MR JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: HON'BLE MR JUSTICE KRISHNA S DIXIT) Office objections on the Memo filed by the learned counsel for the appellant for withdrawal are overruled. 2. Learned counsel for the appellant has moved a memo dated 07.01.2025, seeking leave of the Court to withdraw the appeal. 3. The Memo reads as under: 1.“The above named appellant has filed this Income-tax appeal being aggrieved against the order of the Income-tax Appellate-Tribunal dated 21.09.2022 vide ITA No.527/Bang/2017 for the Assessment Year 2012-2013. this Income-tax appeal being aggrieved against the order of the Income-tax Appellate-Tribunal dated 21.09.2022 vide ITA No.527/Bang/2017 for the Assessment Year 2012-2013. 2.The appellant availed the benefits of the Direct tax Vivad se Vishwas Scheme 2024 and filed Form No.1 vide dated 10.12.2024 and the designated authority issued Form No.2 vide dated 20.12.2024. Copy of the Form-2 dated Direct tax Vivad se Vishwas Scheme 2024 and filed Form No.1 vide dated 10.12.2024 and the designated authority issued Form No.2 vide dated 20.12.2024. Copy of the Form-2 dated 20.12.2024 issued by the designated authority is enclosed. 3.The appellant submits that as per section 91(3) of the Direct tax Vivad Se Vishwas Scheme, 2024 "where the declarant has filed any appeal before the appellate forum or any writ petition before the High Court or the Supreme Court against any order in respect of tax arrear, he shall withdraw such appeal or writ petition with the leave of the Court wherever required after issuance of certificate under sub-section (1) of section 92 and furnish proof of such withdrawal along with the intimation of payment to the designated authority under sub-section (2) of that section." section 91(3) of the Direct tax Vivad Se Vishwas Scheme, 2024 "where the declarant has filed any appeal before the appellate forum or any writ petition before the High Court or the Supreme Court against any order in respect of tax arrear, he shall withdraw such appeal or writ petition with the leave of the Court wherever required after issuance of certificate under sub-section (1) of section 92 and furnish proof of such withdrawal along with the intimation of payment to the designated authority under sub-section (2) of that section." 4.In view of above submissions, the appellant humbly prays this Hon'ble Court to permit the appellant to withdraw the above Income-tax appeal with liberty to revive, if occasion arises, in the interest of justice and equity. appellant humbly prays this Hon'ble Court to permit the appellant to withdraw the above Income-tax appeal with liberty to revive, if occasion arises, in the interest of justice and equity. 4.In view of above submissions, the appellant humbly prays this Hon'ble Court to permit the appellant to withdraw the above Income-tax appeal with liberty to revive, if occasion arises, in the interest of justice and equity. appellant humbly prays this Hon'ble Court to permit the appellant to withdraw the above Income-tax appeal with liberty to revive, if occasion arises, in the interest of justice and equity. 5.The appellant prays this Hon'ble Court to pass such orders as this Hon'ble Court may deem fit on the facts and circumstances of the case." pass such orders as this Hon'ble Court may deem fit on the facts and circumstances of the case." 4. On being asked, the panel counsel appearing for the respondent-Revenue signifies no objections. - 4 - 5. In view of the above, the appeal is accordingly dismissed as withdrawn with liberty as sought for in the Memo. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (G BASAVARAJA) JUDGE RD CT:SNN