Wp/3081/2019 Of M/S Radhey Shyam Agarwal & Sons (Huf) v. The Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF KARNATAKAAT BENGALURU DATED THIS THE 3 DAY OF FEBRUARY 2021|BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV$WRIT PETITION No.3081/2019 (TIT) Between:| M/s. Radhey Shyam Agarwal & Sons (HUF),A Hindu Undivided Family,R/at No.270/34, 4[th]BIOCK,)[th]Main, Jayanagar,Bangalore - 560 O11.)Represented by its Karta,|Mr. Radhey Shyam Agarwal,Aged about 61 years,S/o Late Sri F.C. Agarwal,Bangalore. — Petitioner. (By Sri Harish V.S., Advocate) Ana The Deputy Commissioner of Income Tax,Circle 7 (2) (1), $[ra]Floor, Room No.318,BMTC Building,|Koramangala 80 feet Road,Bangalore - 560 095.| .. Respondent This Writ Petition ts filed under Articles 276 and 22/7 of theConstitution of India, praying to quash the impugned order ofreassessment passed by the respondent under Section 143(2)r/w Section 14/7 of the Act relevant to the Assessment Year2011-12,dated.31.17.70181.e.,|Annexure-Gandtneconsequential demand notice issued by the respondent, relevantto the Assessment Year 2011-12, dated 31.12.2018 l.e.,Annexure-H and etc. This Writ Petition coming on for orders this day, the Courtmade the following:| ORDER The petitioner has filed I.A.-1/2020 seeking forrecalling the order dated 08.01.2020, whereby the petitioncame to be dismissed. The petitioner submits that lapsesleadingCO passingoftneperemptoryorder.dated12.11.2019 is due to bonafide reasons and the matter may|be restored by allowing tne petition. © 2. Taking note of the contents of the affidavit filed in/Support of the application and in the interest of justice, |I.A-1/2020 is allowed and the petition stands restored. 3. Tne petitioner has filed a memo wnich reads asfollows: The counsel for the petitioner humbly praysthat this Hon'ble Court may be pleased to permit|the petitioner to withdraw the above case and_permit the petitioner to settle the dispute under|the Vivaad Se Vishwas Scheme by availing the|benefit under the Scheme, so as to put a quietusto the dispute, reserving liberty to the petitioner|to approach this Hon'ble court to restore the|above matter at an appropriate time, if need|arises, so as to meet the ends ofjustice.” 4. In light of the said memo, the petitioner ispermitted to withdraw the writ petition. However, liberty isreserved to the petitioner to approach this court and seek|for restoration if settlement of dispute under “Vivaad se|Visnwas Scheme. does not reach its logical end. 5. Accordingly, the petition is disposed off. Sd/-' JUDGE| Np/-|