SRI M PARAMESHWARA MURTHY vs. THE INCOME TAX OFFICER

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ITA/495/2018HC KarnatakaKAHC01010999201830 March 2021Bench: ALOK ARADHE,M.G.S. KAMAL3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court noted that the appellant had filed a memo seeking to withdraw the appeal. This was due to an amicable settlement reached between the parties under the Vivad Se Vishwas Scheme.

What were the facts?

The appellant filed an appeal before the High Court challenging orders from the Income Tax Appellate Tribunal, CIT(Appeals), and the Assessing Officer. The appeal was filed under Section 260-A of the Income Tax Act.

What were the issues?

The primary issue was the withdrawal of the appeal by the assessee 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

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30TH DAY OF MARCH, 2021

PRESENT

THE HON’BLE MR. JUSTICE ALOK ARADHE

AND

THE HON’BLE MR. JUSTICE M.G.S. KAMAL

I.T.A. NO.495/2018

BETWEEN:

SRI M.PARAMESHWARA MURTHY NO.5, ASHIRWAD,DR.SHIVARAM KARANTH ROAD,18TH MAIN, PADMANABHANAGARA, BENGALURU – 560 061 PAN:AELPM6407 Q ... APPELLANT

(BY SRI PREETHI PATEL, ADVOCATE FOR SRI SIDDAREDDY K.G., ADVOCATE)

AND:

THE INCOME TAX OFFICER WARD-4 (2), BENGALURU. ... RESPONDENT

(BY SRI DILIP KUMAR, ADVOCATE FOR SRI K.V.ARAVIND, ADVOCATE) - - -

THIS I.T.A. IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED

28.02.2018 PASSED IN ITA NO.23/BANG/2016, THE COMMISSIONER OF INCOME-TAX (APPEALS)-3, BENGALURU, IN ITA NO. 583/W-4(2)/CIT(A)/BNG - 3/14-15 DATED 13.11.2015 AND THE ORDER OF ASSESSMENT UNDER SEC. 143(3) R.W.S. 147 DATED 31.03.2014 PASSED BY THE RESPONDENT., FOR THE ASSESSMENT YEAR 2008-2009, PRAYING THIS HON'BLE COURT TO

I) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AS STATED ABOVE.

II) SET ASIDE THE ORDERS OF THE INCOME TAX APPELLATE TRIBUNAL IN ITA NO. 23/BANG/2016 DATED 28.02.2018, THE COMMISSIONER OF INCOME-TAX (APPEALS)-3, BENGALURU, IN ITA NO. 583/W- 4(2)/CIT(A)/BNG - 3/14-15 DATED 13.11.2015 AND THE ORDER OF ASSESSMENT UNDER SEC. 143(3) R.W.S. 147 DATED 31.03.2014 PASSED BY THE RESPONDENT.

III) PASS SUCH OTHER SUITABLE ORDER AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.

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

JUDGMENT

Ms. Preethi Patel, learned counsel for Sri Siddareddy K.G., learned counsel for the appellant.

Sri Dilip Kumar, learned counsel for Sri K.V.Aravind, learned counsel for the respondent.

Learned counsel for the appellant has filed a memo seeking leave of this Court to withdraw the appeal as the matter has been amicably settled between the parties under Vivad Se Vishwas Scheme.

2.

Memo is taken on record. For the reasons stated in the memo, the appeal is dismissed as withdrawn.

Sd/- JUDGE

Sd/- JUDGE

nvj

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