What did the High Court hold?

The High Court permitted the assessee to withdraw the appeal as per the memo filed, in light of the settlement under the Vivad Se Vishwas scheme.

The assessee filed an Income Tax Appeal challenging orders of the ITAT for AY 2004-05 and 2005-06. Subsequently, the assessee opted for the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the appeal can be withdrawn due to settlement under the Direct Tax Vivad Se Vishwas Act, 2020.

Late Shri K B Khaleel vs ITO | Karnataka High Court 2021

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26TH DAY OF OCTOBER, 2021

PRESENT

THE HON’BLE MRS. JUSTICE S. SUJATHA AND

THE HON’BLE MR. JUSTICE E. S. INDIRESH

I.T.A. NO.363/2015

BETWEEN:

LATE SHRI K B KHALEEL REP. BY L/R SMT. FAHIMIDA KHATOON PROP.MUBARAK RICE MILL HARANGI OFFICE ROAD KONANUR ARAKALGUD Taluk HASSAN DISTRICT.

…APPELLANT (BY SRI A SHANKAR, SENIOR COUNSEL A/W SRI BHAIRAV KUTTAIAH, ADVOCATE)

AND:

INCOME TAX OFFICER WARD-II AAYKAR BHAVAN BELUR ROAD HASSAN-573 217.

… RESPONDENT (BY SRI K V ARAVIND, ADVOCATE)

THIS APPEAL IS FILED UNDER SECTION 260A OF THE INCOME-TAX ACT, 1961, ARISING OUT OF ORDER DATED 05.03.2015 PASSED IN ITA NOS. 239 & 240/Bang/2011, FOR THE ASSESSMENT YEAR 2004-05 & 2005-06. PRAYING THIS HON'BLE COURT TO 1. TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AS

STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT. 2. TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE ITAT, BANGALORE 'A' BENCH IN ITA NOS. 239 & 240/Bang/2011 RELATING TO ASSESSMENT YEARS 2004-05 & 2005-06 VIDE ITS COMMON ORDER DATED 05/03/2015.

THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, S. SUJATHA J., DELIVERED THE FOLLOWING:

JUDGMENT

Learned counsel for the assessee has filed a memo dated 26.10.2021 for withdrawal of the appeal relating to the Assessment Years 2004-05 and 2005- 06. The said 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 orders passed by the Income Tax Appellate Tribunal, Bangalore Bench for the Assessment Years 2004-05 and 2005-06.

The Appellant filed Form-1 and Form-2 for declaration and undertaking for paying taxes on disputed income under the scheme named The Direct Tax Vivad Se Vishwas Act, 2020 for the Assessment Years 2004-05 and 2005-06.

Thereafter, the Principal Commissioner of Income Tax, Bengaluru-3 issued Form-3 certificate under sub-section (1) of Section 5 of

the Direct Tax Vivad Se Viswas Act, 2020 dated 04.09.2021, after verifying Form-1 and Form-2. Copy of the Form-3 is enclosed herewith for the Hon’ble Court’s reference and records.

Wherefore, in view of the above submissions the Appellant humbly prays this Hon’ble Court may 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, 2020 in the interest of justice and equity.”

Memo is placed on record. Accordingly, the appeal is disposed of as withdrawn in terms of the memo.

Sd/- JUDGE

LATE SHRI K B KHALEEL vs. INCOME TAX OFFICER

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