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

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ITA/19/2013HC KarnatakaKAHC01009703201305 February 2021Bench: ALOK ARADHE,R. NATARAJ3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court, in view of the assessee's submission regarding the 'Vivad se Vishwas' scheme, dismissed the appeal as withdrawn. The assessee was granted liberty to revive the appeal if necessary.

What were the facts?

The assessee, M/s. Can Fin Homes Ltd., filed an appeal before the High Court. The assessee later approached the 'Vivad se Vishwas' scheme and received Form 3 under the scheme. Consequently, the assessee sought to withdraw the appeal.

What were the issues?

The primary issue was whether the appeal should be dismissed as withdrawn due to the assessee opting for the 'Vivad se Vishwas' scheme.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 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

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