Wa/1129/2022 Of Marala Reddy Sreenivas v. The Assistant Commissioner Of Income -Tax

Digitally signedby SHARADAVANI BLocation: HIGHCOURT OFKARNATAKA NC: 2024:KHC:22919-DB WA No. 1129 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24 DAY OF JUNE, 2024 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR -WRIT APPEAL NO. 1129 OF 2022 (TIT) BETWEEN: MARALA REDDY SREENIVAS, S/O LATE SRI.M. SURYANARAYANA REDDY, AGED ABOUT 46 YEARS, PRESENTLY AT VILLA NO.28, RMZ SAWAAN, PALANAHALLI, YELAHANKA, BANGALORE – 560 064. …APPELLANT (BY SRI. ANNAMALAI S., ADVOCATE) AND: THE ASSISTANT COMMISSIONER OF INCOME–TAX, CENTRAL CIRCLE - 1(2), C.R. BUILDING, III FLOOR, QUEENS ROAD, BENGALURU – 560 001. …RESPONDENT (BY SRI.M.DILIP, ADVOCATE) *** THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WP IN WRIT PETITION No.11039/2022 DATED 08.09.2022 TO THE EXTENT HELD AGAINST THE APPELLANT BY NOT ADJUDICATING THE VARIOUS GROUNDS RAISED BY THE APPELLANT AND CONSEQUENTLY GRANT THE RELIEF PRAYED FOR IN THE WRIT PETITION, ETC. THIS WRIT APPEAL COMING ON FOR ADMISSION THIS DAY, KRISHNA S DIXIT J., DELIVERED THE FOLLOWING: WA No. 1129 of 2022 JUDGMENT Learned counsel for the appellant has moved a memo dated 24.06.2024 in the open Court, seeking leave to withdraw the appeal. The said memo reads as under: "1. The above named petitioner has filed this Writ Appeal being aggrieved against the judgment dated 08.09.2022 passed by the learned Single Judge in Writ Petition No.11039/2022 for the A.Y. 2013-14. 2. The petitioner submits that appeal filed by the petitioner before the learned Commissioner of Income-tax(Appeals)-11, Bangalore against the assessment order dated 26.04.2021 for the impugned assessment year 2013-14 is allowed vide order dated 12.06.2024 passed by the learned Commissioner of Income-tax(Appeals) in Appeal No.CIT(A)-11/BNG/10109/2012-13. 3. In view of above submissions, the petitioner humbly prays this Hon'ble Court to permit the petitioner to withdraw the above writ appeal with liberty to revive, if occasion arises, in the interest of justice and equity. 4. The petitioner prays the Hon'ble Court to pass such orders as this Hon'ble Court may deem fit on the facts and circumstances of the case." There is no objection from the learned counsel appearing for the revenue. NC: 2024:KHC:22919-DBWA No. 1129 of 2022 In view of the above, the appeal is disposed off as having been withdrawn in terms of the memo. Pending I.As, if any, would pale into insignificance. Sd/- JUDGE Sd/- JUDGE BMV* List No.: 1 Sl No.: 27