M/S. FUSION-JEWELS OF SOUTH vs. THE DEPUTY COMMISSIONER OF INCOME TAX

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20TH DAY OF APRIL 2021

PRESENT

THE HON’BLE MR. JUSTICE ALOK ARADHE

AND

THE HON’BLE MR. JUSTICE M.G.S. KAMAL

I.T.A. NO.60 OF 2018 BETWEEN:

M/S. FUSION-JEWELS OF SOUTH REP. BY ITS MANAGING PARTNER SRI. K.H. ARJUN, #503 SURYA KIRAN COMPLEX 2ND FLOOR, 50 FEET ROAD HANUMANTHNAGAR BENGALURU-560050 PAN:AACFF 1871 C. .... APPELLANT (BY MS. BHAIRAV, ADV., FOR MR. M. LAVA, ADV.,)

AND:

THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-3(1), BMTC BUILDING 80 FEET ROAD, 6TH BLOCK KORAMANGALA, BENGALURU-560095. ... RESPONDENT (BY MR. DILEEPKUMAR, ADV., FOR MR. K.V. ARAVIND, ADV.,) - - -

THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 20.09.2017 PASSED IN ITA NO.198/BANG/2015 AND MP NO.223/BANG/2017 (IN ITA 198/BANG/2015) DATED 5.1.2018 FOR THE ASSESSMENT YEAR 2012-13, PRAYING TO

(i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT. (ii) ALLOW THE APPEAL AND SET ASIDE THE FINDINGS THEREIN TO THE EXTENT AGAINST THE APPELLANT IN THE COMMON ORDER PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL 'C' BENCH, BANGALORE IN ITA NO.198/BANG/2015 DATED 20.9.2017 AND MP NO.223/BANG/2017 (IN ITA NO.198/BANG/2015) DATED 5.1.2018 FOR THE ASSESSMENT YEAR 2012-13 (VIDE ANNEXURE-A1 AND A2 RESPECTIVELY) & ETC.

THIS I.T.A. COMING ON FOR ADMISSION, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

JUDGMENT

Sri.Bhairav, learned counsel for Sri. M. Lava, learned counsel for the assessee through video conferencing.

Sri. Dileep Kumar, learned counsel for the revenue.

Learned counsel for the assessee has filed a memo seeking leave of the Court to withdraw the appeal. The aforesaid memo is taken on record.

For the reasons assigned in the memo, the appeal is disposed of with liberty to seek revival of the same in case of occasion so arises.

Sd/- JUDGE

Sd/- JUDGE Mds/-