SRI S N MURALI MOHAN vs. DEPUTY COMMISSIONER OF INCOME TAX

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ITA/614/2016HC KarnatakaKAHC01046234201609 March 2021Bench: ALOK ARADHE,ASHOK S.KINAGI3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court allowed the assessee to withdraw the appeal. The withdrawal was permitted on the grounds that the matter had been amicably settled under the 'Vivad se Vishwas' Scheme.

What were the facts?

The assessee filed an appeal before the High Court against an order of the ITAT. The assessee sought to withdraw the appeal.

What were the issues?

The primary issue was whether the appeal could be withdrawn due to settlement under the 'Vivad se Vishwas' Scheme.

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 9TH DAY OF MARCH, 2021 PRESENT THE HON’BLE MR.JUSTICE ALOK ARADHE AND THE HON’BLE MR.JUSTICE ASHOK S.KINAGI I.T.A. NO.614 OF 2016 BETWEEN: SRI.S.N.MURALI MOHAN #33/3, SRI RANGADHAMA 2ND CROSS, SHANKAR MUTT ROAD BASAVANGUDI BANGALORE-560 004 ...APPELLANT (BY SRI.S.ANNAMALAI FOR MR.M.LAVA, ADVOCATE) AND: DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(4) C.R.BUILDING, QUEENS ROAD BANGALORE-560 001

…RESPONDENT (BY SRI.JEEVAN J. NEERALGI, ADVOCATE) THIS APPEAL IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT, 1961 ARISING OUT OF ORDER DATED 04.07.2016 PASSED IN ITA NO.121 & 122/BANG/2015, FOR THE ASSESSMENT YEAR 2006- 2007 & 2009-10 (ANNEXURE-A) PRAYING TO;

2 (1) FORMULATE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT. (2) ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE ITAT, SMC ‘C’ BENCH, BENGALURU IN ITA NO.121 & 122/Bang/2015 DATED 04.07.2016 FOR THE ASSESSMENT YEAR 2006-07 AND 2009-10 (ANNEXURE-A). THIS APPEAL COMING ON FOR HEARING THIS DAY, ALOK ARADHE, J., DELIVERED THE FOLLOWING: JUDGMENT Mr.S.Annamalai for Mr.M.Lava, learned counsel for the assessee.

Mr.Jeevan J. Neeralgi, learned counsel for the revenue.

Learned counsel for the assessee has filed a memo seeking leave of this Court to withdraw the appeal on the ground that the matter has been amicably settled under ‘Vivad se Vishwas’ Scheme. 2. The aforesaid memo is taken on record. For the reasons assigned in the memo, the appeal is dismissed as

3 withdrawn with liberty to the assessee to revive the same in case the occasion so arises. Sd/- JUDGE Sd/- JUDGE GH

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