Wp/102806/2024 Of M/S Gogte Minerals v. The Assistant Commissioner Of Income Tax

Digitally signed byVISHAL NINGAPPAPATTIHALLocation: HighCourt of Karnataka,Dharwad Bench IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28 DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA -WRIT PETITION NO. 102806 OF 2024 (TIT) BETWEEN: M/S GOGTE MINERALS, REPRESENTED BY ITS PARTNER, SHRI MADHAV S/O ARVIND GOGTE, AGE. 52 YEARS, OCC. BUSINESS, R/O. 2 FLOOR, NASCO ISHANYA, 27/1, KHANAPUR ROAD, TILAKWADI, BELAGAVI 590006 …PETITIONER (BY SRI. SANGRAM S KULKARNI, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-I, BELAGAVI, KHIMJIBHAI COMPLEX, OPP. CIVIL HOSPITAL, BELAGAVI 590001. 2. ASSESSMENT UNIT/VERIFICATION UNIT/TECHNICAL UNIT/REVIEW UNIT, GOVERNMENT OF INDIA, MINISTRY OF FINANCE, INCOME TAX DEPARTMENT … RESPONDENTS (BY SRI.TIRUMALESH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH NOTICE ISSUED BY THE RESPONDENT NO.2 ASSESSMENT UNIT/VERIFICATION UNIT/TECHNICAL UNIT/REVIEW UNIT U/S 142(1) OF THE INCOME TAX ACT, 1961 DATED 9/4/2024 VIDE ANNEXURE-H BEARING NO.ITBA/AST/F/142(1)/2024- 25/1064003129(1) AND ALSO QUASH THE IMPUGNED REBUTTAL ORDER DATED 02/05/2024 PASSED BY THE RESPONDENT NO.2 ASSESSMENT UNIT/VERIFICATION UNIT/TECHNICAL UNIT/REVIEW UNIT, RELATING TO THE ASSESSMENT YEAR 2011-12 VIDE ANNEXURE-K BEARING NO. ITBA/AST/F/17/2024-25/1064569254(1), AND FURTHER DIRECT THE RESPONDENT TO FOLLOW THE ORDER PASSED BY THE HON BLE HIGH COURT OF KARNATAKA IN THE CASE OF THE VERY SAME ASSESSEE PETITIONER REPORTED IN ITRC NO.138-141/1993 AND ALSO THE ORDER PASSED BY COMMISSIONER OF INCOME TAX (APPEALS), BELAGAVI DATED AND 30/1/2018 RELATING TO AY 2014-15 AND THE ORDER PASSED BY THE HON BLE HIGH COURT OF KARNATAKA DHARWAD BENCH IN WRIT PETITIONS NOS. 106263/2018 TO 106267/2018 & ETC., THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) Learned counsel Shri Sangram S.Kulkarni appearing for the petitioner submits that the petitioner has availed the remedy of a scheme Vivaad-Se-Vishwas Scheme, 2024 and therefore seeks to withdraw the writ petition. The writ petition is thus disposed of as withdrawn reserving all liberty to the petitioner to avail of the remedy in the event need arises. VNP / CT: ASC List No.: 1 Sl No.: 112 Sd/- (M.NAGAPRASANNA) JUDGE