Ita/76/2019 Of M/S Karnataka Power Transmission v. The Income Tax Officer

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.76 OF 2019 BETWEEN:M/S. KARNATAKA POWER TRANSMISSIONCORPORATION LTD.,TL & 5858 DIVISION, P.B. ROADHAVERI-581 110..PAN: AABCK 7281 M,(REPRESENTED BY ITS DIRECTOR (FINANCE),MS. ADITI RAJA, AGED ABOUT 59 YEARS,D/O. DEVESH CHANDRA)(BY SRI. CHYTHANYA K.K., ADVOCATE) AND:THE INCOME TAX OFFICER (OSD)(TDS)LARGE TAX PAYERS UNIT.J.5S.5S.TOWERS, LOOFT RING ROADBANASHANKARI II] STAGE, PHASE 3,BANASHANKARI, BENGALURU-S560085.(BY SRI. K.V.ARAVIND, ADVOCATE) _ APPBLLANT RBSPONDENT THIS ITA IS FILED UNDER SECTION 260 A OFTHE INCOME TAX ACT 1961, ARISING OUT OF THE)ORDER DATED 02.05.2018, PASSED IN ITA NOS.2227|AND 2228/BANG/2017 FOR THE ASSESSMENT YEAR:2013-2014,|PRAYINGTO.(A).RORMULATETHESUBSTANTIAL QUESTION OF LAW STATED ABOVE.(B) ALLOW THE APPEAL AND SET ASIDE THEIMPUGNBD ORDER OF THE INCOME TAX APPELLATE|TRIBUNAL, BENGALURU A BENCH BEARING IN ITA)NOS.2227 AND 2228/BANG/2017 DATED 02.05.2018FOR THE ASSESSMENT YEAR 2013-2014 AND (C).PASS SUCH OTHER SUITABLE ORDERS [INCLUDINGORDER AS TO COSTS AS THIS HON BLE COURT MAY|DBEBMRITTO.GRANT)IN|THEFACTSAN]CIRCUMSTANCES OF THR CASH IN THE INTBREST OFJUSTICE AND EQUITY. THIS ITA COMING ON FOR ADMISSION THISDAY,ARAVINDAUMAR,J.;PASSED‘TH ROLLOWING:- JUDGMENT 1. Learned counsel for appellant has sought forwithdrawal of appeal with a prayer to keep open all erounds urged in the appeal on merits of case. It has.been stated in the memo to the following effect. “It 1s 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 dated 31.10.2019. The Appellant against the saidTribunal order (to the extent prejudice) hadfiled|CTrOSSappealsin.ITANos. 72TO 145/2019.| The Appellant in anticipation that thedepartment might file appeals against theother two Tribunal orders and consideringthe limitation filed appeals against those twoTribunal orders in ITA Nos.394 to 433/2019°and ITA Nos.491 to 9526/2019. It is.submitted that against the said Tribunalorders the department did not file appeals”. Since themainappeals oT|thedepartment are dismissed, the Appellant do/not want to pursue the above appeals andcross appeals”. 2. In the light of afore stated statement made by. the assessee and Sri. K.V.Aravind, learned Panel)Counsel 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 urged in this appeal are kept open to be adjudicated if needarises in future. Hence, appeal is dismissed as withdrawn subject to above observations. Sd/-| JUDGE Sd/-. JUDGE