Ita/86/2019 Of M/S Karnataka Power Transmission 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.86 OF 2019 BETWEEN: M/S. KARNATAKA POWER TRANSMISSIONCORPORATION LTD.,INTERNAL MANAGEMENT SECTION,KAVERI BHAVAN,BBENGALURU-560 OOS.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)| (BY SRI. CHYTHANYA K.K., ADVOCATE)|AND:THE INCOME TAX OFFICER (OSD)(TDS)LARGE TAX PAYERS UNIT.J.5S.5S.TOWERS, LOOFT RING ROADBANASHANKARI III STAGE, PHASE 3,BANASHANKARI, BENGALURU-S560085.(BY SRI. K.V.ARAVIND, ADVOCATE) —_ APPRLLANT RBSPONDENT THIS TIA IS FILED UNDER SECTION 260 A OFTHE INCOME TAX ACT 1961, ARISING OUT OF THE)ORDER DATED 02.05.2018, PASSED IN ITA NOS.2237|AND 2238/BANG/2017 FOR THE ASSESSMENT YEAR:2013-2014,PRAYINGTO.(A)RFORMULATETHESUBSTANTIAL QUESTION OF LAW STATED ABOVE.(B) ALLOW THE APPEAL AND SET ASIDE THEIMPUGNBED ORDER OF THE INCOME TAX APPELLATETRIBUNAL, BENGALURU A BENCH BEARING IN ITA)NOS.2237 AND 2238/BANG/2017 DATED 02.05.2018HOR|THEASSESSMENTYHAR2013-2014(C)PASSSUCHOTHRBRSUITABLEORDERSINCLUDING ORDER AS TO COSTS AS THIS HON’BLE|COURT MAY DBEM FIT TO GRANT IN THR FACTS ANDCIRCUMSTANCES OF THE CASE IN THE INTERESI OFJUSTICE AND EQUITY. ANIL THIS TIA COMING ON FOR ADMISSION THISDAY,ARAVINDAUMAR,J.,PASSEDTH FHOLLOWING:- JUDGMENT 1. Learned counsel for appellant has sought forwithdrawal of appeal with a prayer to keep open allerounds 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.s66 to 640/2018 and ITA 69566957/2018, which were dismissed on the basis of low tax effect by an order dated31.10.2019. The Appellant against the saidTribunal order (to the extent prejudice) hadfiled|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 twoTribunal orders in ITA Nos.354 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/cross appeals”. 2. In the light of afore stated statement made by.the 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 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