MR RAHIL MAHESHKUMAR NIZAMUDDIN vs THE ASSISTANT COMMISSIONER OF INCOME TAX

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NC: 2025:KHC:2058-DB ITA No. 551 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE G BASAVARAJA INCOME TAX APPEAL NO. 551 OF 2023 BETWEEN:

MR. RAHIL MAHESHKUMAR NIZAMUDDIN, AGED ABOUT 52 YEARS, NO.125, WARREN STREET, UNIT NO. 2, NEWTON, MASSACHUSETTS-02459 UNITED STATE OF AMERICA PRESENTLY VISITING BANGALORE, INDIA REP. BY S.V. RAVI SHANKAR, ADVOCATE, NO. 19, SNS PLAZA, KUMARA KRUPA ROAD, BANGALORE 560 001 …APPELLANT (BY SRI. RAVI SHANKAR S.V., ADVOCATE)

AND:

THE ASSISTANT COMMISSIONER OF INCOME TAX, INTERNATIONAL TAX, CIRCLE 1(2), BANGALORE 560 095. …RESPONDENT (BY SRI. RAVI RAJ Y.V., AND SRI. M. DILIP, ADVOCATES)

THIS ITA / INCOME TAX APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 27/04/2023 PASSED IN ITA NO.112 /BANG/2023, FOR THE ASSESSMENT YEAR 2015-2016. PRAYING TO A) TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT.

Digitally signed by NANDINI D Location: High Court of Karnataka

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NC: 2025:KHC:2058-DB ITA No. 551 of 2023

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE G BASAVARAJA

ORAL JUDGMENT (PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)

Learned counsel for the appellant has moved a memo dated 17.01.2025, seeking leave of the Court to withdraw the appeal.

The memo reads as under: "1. The above named Appellant has filed Income Tax Appeal under Section 260A of the Income Tax Act, 1961 challenging the order passed by the Income Tax Appellate Tribunal, Bangalore Bench in ITA No. 112/Bang/2023 dated 27.04.2023 for the Assessment Year 2015-16.

The Appellant filed Form-1 for declaration and undertaking for paying taxes on disputed income under the scheme named The Direct Tax Vivad Se Vishwas Act, 2024 for the Assessment Year 2015-16.

Thereafter, the Commissioner of Income Tax, Bangalore issued Form-2 certificate under sub-section (1) of Section 92 of the direct Tax Vivad Se Vishwas Act, 2024 dated 13.01.2025, after verifying Form-1. Copy of the Form-2 is enclosed herewith

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NC: 2025:KHC:2058-DB ITA No. 551 of 2023

for this Hon'ble Court's reference and records.

Wherefore, in view of the above submissions the Appellant humbly prays this Hon'ble Court may be pleased to permit the Appellant to withdraw the above Income Tax Appeal with liberty to revive, in case, if the dispute is not settled under the scheme the Direct Tax Vivad Se Vishwas Act, 2024 in the interest of justice and equity."

On being asked, the panel counsel appearing for the respondent-Revenue signifies no objections.

In view of the above, the appeal is accordingly dismissed as withdrawn with liberty as sought for in the memo.

Sd/- (KRISHNA S DIXIT) JUDGE

Sd/- (G BASAVARAJA) JUDGE

RD CT:SNN

MR RAHIL MAHESHKUMAR NIZAMUDDIN vs. THE ASSISTANT COMMISSIONER OF INCOME TAX