M/S. CAN FIN HOMES LTD vs. THE DEPUTY COMMISSIONER

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY I.T.A. NO.19 OF 2013 BETWEEN: M/S. CAN FIN HOMES LTD., NO.29/1, 1ST FLOOR M.N. KRISHNA RAO ROAD NEAR LALBAGH WEST GATE BASAVANAGUDI BANGALORE-560004 REP. BY ITS MANAGING DIRECTOR SRI. C. ILANGO AGED ABOUT 56 YEARS S/O SRI. M. CHINNATHAMBI. .... APPELLANT (BY MS. PRATIBHA R, ADV., FOR MR. S. PARTHASARATHI, ADV.,) AND: THE DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-11(2), 5TH FLOOR R.P. BHAVAN, NRUPATHUNGA ROAD BANGALORE-560001. ... RESPONDENT (BY MR. K.V. ARAVIND, ADV.,) - - -

2 THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 07.09.2012 PASSED IN ITA NO.894/BANG/2011, FOR THE ASSESSMENT YEAR 2007- 08, PRAYING TO: (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN. (ii) ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 07-09-2012 PASSED BY THE ITAT, BANGALORE IN ITA NO.894/BANG/2011. THIS I.T.A. COMING ON FOR ORDERS, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Smt.Prathiba R., learned counsel for the assessee has entered appearance through video conferencing. Mr.Dilip Kumar, learned counsel for Mr.K.V.Aravind, learned counsel for the revenue. Learned counsel for the assessee submits that the assessee has approached under the 'Vivad se Vishwas' scheme and Form 3 under the scheme has been issued. He, therefore, seeks leave of this Court to withdraw the appeal and has filed a memo in this regard. The aforesaid memo is taken on record.

3 2. In view of the aforesaid submission, the appeal is dismissed as withdrawn with liberty to the assessee to revive the same if occasion so arises. Sd/- JUDGE Sd/- JUDGE RV