MR K I VENKATESH vs. INCOME TAX OFFICER

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ITA/52/2020HC KarnatakaKAHC01000158202005 February 2021Bench: SATISH CHANDRA SHARMA,V SRISHANANDA2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court accepted the Memo for withdrawal filed by the appellant-assessee. The appeal was disposed of in terms of the Memo, granting the assessee liberty to pursue the matter in case of any eventuality. The court did not decide on the merits of the original appeal or the order of the ITAT. The operative direction was to dispose of the appeal as withdrawn, with liberty granted to the assessee.

What were the facts?

The assessee, Mr. K.I. Venkatesh, filed an appeal before the High Court of Karnataka against an order dated 28.08.2019 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No.1769/Bang/2004. This appeal pertained to the assessment year 1998-1999. The assessee subsequently filed a Memo for withdrawal of the appeal on 21.01.2021. The reason for withdrawal was that the assessee had opted for the benefit under the "Vivad se Vishwas Scheme". An application in Form No.1 was filed, accepted by the authority, and a certificate in Form 3 was issued on 30.12.2020.

What were the issues?

1. Whether the appeal filed by the assessee under Section 260-A of the Income Tax Act, 1961, should be permitted to be withdrawn. Assessee's Contention: The assessee contended that they had opted for the "Vivad se Vishwas Scheme" and had received a certificate under the scheme. Therefore, they prayed for permission to withdraw the appeal. Revenue's Contention: The judgment does not record any specific contention from the revenue regarding the withdrawal of the appeal.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2021 PRESENT THE HON’BLE MR. JUSTICE SATISH CHANDRA SHARMA AND THE HON’BLE MR. JUSTICE V. SRISHANANDA I.T.A. NO.52/2020 BETWEEN: MR.K.I.VENKATESH AGED ABOUT 53 YEARS NO.323, 14TH CROSS, II BLOCK, R.T.NAGAR BANGALORE - 560 032

…APPELLANT (BY SRI R.RAMA MURTHY, ADVOCATE) AND : INCOME TAX OFFICER, WARD 8(2) SAMPIGE ROAD, MALLESHWARAM BANGALORE - 560 003.

…RESPONDENT

THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 28.08.2019 PASSED IN ITA NO.1769/BANG/2004, FOR THE ASSESSMENT YEAR 1998-1999 PRAYING TO (1) FORMULATE SUBSTANTIAL QUESTIONS OF LAW (2) ALLOW THE APPEAL BY SETTING ASIDE THE ORDER OF APPELLATE TRIBUNAL DATED 28.08.2019 IN ITA NO.1769/BANG/2004, FOR ASSESSMENT YEAR 1998-1999.

2 THIS I.T.A COMING ON FOR HEARING THIS DAY, V. SRISHANANDA, J., DELIVERED THE FOLLOWING: JUDGMENT Sri R.Rama Murthy, learned counsel for the appellant- assessee. 2. The learned counsel for the appellant-assessee files a Memo for withdrawal dated 21.1.2021, which reads thus: "MEMO FOR WITHDRAWAL Appellant above named respectfully submits that, The appellant opted a benefit under the scheme "VIVAD SE VISHWAS SCHEME" by filing application Form No.1. The authority accepted the same, issued a certificate form 3 on 30-12-2020, the copy is enclosed herewith. Wherefore, appellant humbly prays this Hon'ble High Court be pleased to permit the appellant to withdraw the above appeal, with liberty to pursue the matter in case of any event." 4. Memo is accepted. In terms of the Memo, the appeal is disposed of with liberty as prayed for. Sd/-

JUDGE Sd/- JUDGE PL*

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