What did the High Court hold?

The High Court took note of the memo filed by the appellant and granted permission to withdraw the appeal. The appeal was dismissed as withdrawn in view of the memo.

The appellant filed an appeal against an ITAT order. Subsequently, the appellant filed a memo for withdrawal stating they had opted for the Direct Tax Vivad Se Vishwas Act, 2020, and received a certificate under the scheme.

What were the issues?

Whether the appeal should be withdrawn due to the appellant opting for the Direct Tax Vivad Se Vishwas Act, 2020.

M/S District Co-Operative Central… vs The Assistant Commissioner | Karnataka High Court 2022

1 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 14TH DAY OF MARCH 2022 PRESENT THE HON’BLE MR.JUSTICE K. SOMASHEKAR AND THE HON’BLE MR. JUSTICE ANANT RAMANATH HEGDE INCOME TAX APPEAL NO.200014/2018 Between: M/s District Co-operative Central Bank Ltd., Rep. by Sri Mahajan Mallikarjun C.E.O., Near Basaveswar Circle Hyderabad Road Bidar-585701

… Appellant (By Sri M. Lava, Advocate) And: The Assistant Commissioner of Income Tax Circle-1, Aayakar Bhavan Sedam Road Kalaburagi-585 101

… Respondent (By Sri Tulajappa Kalaburagi, Advocate)

2 This Income Tax Appeal is filed under Section 260A of the Income Tax Act, 1961, praying to allow the appeal and set aside the findings to the extent against the appellant in the order passed by the Income Tax Appellate Tribunal 'A', Bench, Bengaluru in ITA No.2600/Bang/2017 dated 06.04.2018 relating to Assessment Year 2013-14.

This appeal coming on for Orders, this day, K. Somashekar J., delivered the following: JUDGMENT Learned counsel Sri M. Lava for the appellant and the learned counsel Sri Tulajappa Kalabauragi for the respondent appeared through video conferencing.

Learned counsel for the appellant filed a memo for withdrawal. In the memo it is stated that the present appeal is filed under Section 260A of the Income Tax Act, 1961 challenging the order passed by the Income-Tax Appellate Tribunal, "A"- Bench, Bangalore in ITA No.2600/Bang/2017 dated 06.04.2018 for the Assessment year 2013-14 and the appellant filed Form No.1 and Form No.2 for declaration and undertaking for paying taxes on disputed income. It is further stated in

3 the memo that thereafter the Principal Commissioner of Income Tax, Hubbali issued Form No.3 certificate under sub-Section (1) of Section 5 of the Direct Tax Vivad Se Viswas Act, 2020 dated 24.09.2021. Therefore, learned counsel for the appellant filed the present memo seeking permission to withdraw this appeal and seeks liberty to revive if the dispute is not settled under the Scheme the Direct Tax Vivad Se Vishwas Act, 2020. 3. The said memo is placed on record. 4. In view of the memo, the present appeal is dismissed as withdrawn. SD/- JUDGE SD/- JUDGE BL

M/S DISTRICT CO-OPERATIVE CENTRAL BANK LTD vs. THE ASSISTANT COMMISSIONER

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