Wp/2759/2021 Of Mr M S Lingashetty v. The Income Tax Officer

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10 DAY OF FEBRUARY, 2021 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV -WRIT PETITION No.2759/2021 (TIT) BETWEEN: Mr. M.S.Lingashetty S/o M.Sanjeeva Shetty Aged about 60 years, Residing at: Bhadra Sai, JCR Extension Chitradurga. … Petitioner (By Sri Harish V.S., Advocate) AND: The Income Tax Officer, ITO Ward 1, Aayakar Bhavan, Tamatkal Road, Medehally, Chitradurga - 577 502. … Respondent This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the impugned order passed by the respondent disposing of the objections filed by the petitioner, dated 10.12.2019, for the Assessment Year 2014-15 vide Annexure-D and consequently declare that the proceedings initiated by the respondent under Section 148 of the Income Tax Act against the petitioner for the Assessment Year 2014-2015, is illegal and bad in law and quash the impugned order of assessment passed by the respondent under Section 143(3) read with Section 147 of the Income Tax Act, dated 23.12.2019, for the assessment year 2014-15 i.e., Annexure-F and the consequential demand notice issued by the respondent dated 23.12.2019 for the assessment year 2014-15 i.e. Annexure-G and etc. This Writ Petition coming on for orders this day, the Court, made the following: ORDER Petitioner has filed a memo, which reads as follows: "The petitioner humbly prays that this Hon'ble Court may be pleased to permit the petitioner to withdraw the above writ petition, granting leave/liberty to the petitioner to file an application for settlement under the Vivad Se Vishwas Scheme, and avail the benefit of the Scheme and further reserving liberty to seek restoration of the above writ petition at an appropriate stage, in an event the settlement under the Scheme does not materialise so as to meet the ends of justice." 2.In light of the said memo, petition is dismissed. Liberty is reserved to initiate proceedings regarding the same cause of action, if settlement under the Vivad Se Vishwas Scheme does not materialise. In light of the memo filed, office objections are overruled. Sd/- JUDGE VP