SMT. R K SARASWATHI vs. THE INCOME-TAX OFFICER

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2021 PRESENT THE HON’BLE MR. JUSTICE SATISH CHANDRA SHARMA AND THE HON’BLE MR. JUSTICE V. SRISHANANDA I.T.A. NO.5/2018 BETWEEN SMT.R K SARASWATHI # 1062, 7TH A MAIN 3RD BLOCK, KORAMANGALA BENGALURU 560 034

…APPELLANT (BY SRI A SHANKAR, SR.ADVOCATE FOR SRI.M LAVA, ADVOCATE) AND THE INCOME-TAX OFFICER WARD-7(2), BMTC BUILDING, 80 FEET ROAD, 6TH BLOCK, KORAMANGALA, BENGALURU -560095

…RESPONDENT (BY SRI K.V.ARAVIND, ADVOCATE) THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 31.07.2017 PASSED IN ITA NO.92/BANG/2014, FOR THE ASSESSMENT YEAR 2009-2010 PRAYING TO (A) TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW (B) TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT

2 AGAINST THE APPELLANT IN THE ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, "SMC-A", BENCH, BENGALURU IN ITA NO.92/BANG/2014 DATED 31.07.2017 FOR THE ASSESSMENT YEAR 2009-10 (VIDE ANNEXURE-A). THIS I.T.A., COMING ON FOR HEARING, THIS DAY, V. SRISHANANDA. J., DELIVERED THE FOLLOWING: JUDGMENT Sri A. Shankar, learned Senior counsel appears on behalf of Sri M. Lava, for the assessee. 2. Sri K.V. Aravind, learned counsel for the Revenue. 3. The learned counsel for the appellant-assessee files a Memo for withdrawal dated 5.2.2021, which reads thus: "MEMO FOR WITHDRAWAL 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.92/Bang/2014 dated 31.07.2017 for the Assessment Year 2009-10. 2. 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 Year. 3. Thereafter, the Principal Commissioner of Income Tax, Bengaluru-2 issued Form-3

3 certificate under sub-section (1) of Section 5 of the Direct Tax Vivad Se Viswas Act, 2020 dated 07.01.2021, after verifying Form-1 and Form-2. Copy of the Form-3 is enclosed herewith for this Hon'ble Court's reference and records. 4. 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." 4. Memo is accepted. In terms of the Memo, the appeal is disposed of with liberty as prayed for. Sd/-

JUDGE Sd/- JUDGE PL*