M/S ROYAL PLACID vs. THE ASST COMMISSIONER OF
What did the High Court hold?
The High Court permitted the appellant to withdraw the appeal. The appeal was accordingly dismissed as withdrawn in terms of the memo filed by the appellant.
What were the facts?
The appellant sought to withdraw the appeal filed under Section 260-A of the Income Tax Act. The reason for withdrawal was the appellant's decision to avail the benefit under the Vivad se Vishwas Scheme.
What were the issues?
The primary issue was whether the appeal could be withdrawn by the appellant due to opting for the Vivad se Vishwas Scheme.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF OCTOBER, 2021
PRESENT
THE HON’BLE MRS.JUSTICE S.SUJATHA
AND
THE HON’BLE MR. JUSTICE E.S.INDIRESH
I.T.A.No.182/2014
BETWEEN :
M/s ROYAL PLACID NO.14, 1ST FLOOR MADRAS BANK ROAD KRISHNA COMPLEX BANGALORE-560001 REP BY ITS PARTNER SRI G.PRASAD REDDY S/O SRI G.SRINIVAS REDDY AGED ABOUT 62 YEARS
...APPELLANT
(BY SRI S.PARTHASARATHI, ADV.)
AND :
THE ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1) C.R.BUILDINGS, QUEENS ROAD BANGALORE-560001
…RESPONDENT
(BY SRI K.V.ARAVIND, ADV.)
THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 25.10.2013 PASSED IN ITA NO.1166/BANG/2012, FOR THE ASSESSMENT YEAR 2004-2005. PRAYING TO 1.FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. 2. ALLOW THE APPEAL AND SET ASIDE THE ORDER OF
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THE INCOME TAX APPELLATE TRIBUNAL DATED 25.10.2013 BEARING ITA NO.1166/BANG/2012 FOR THE ASSESSMENT YEAR 2004-2005.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, S. SUJATHA, J., DELIVERED THE FOLLOWING:
J U D G M E N T
Learned counsel for the appellant has filed a memo seeking leave of the Court to withdraw the appeal, which reads thus:- “The Advocate for the Appellant respectfully submits that the Appellant has opted to avail the benefit under Vivad se Vishwas Scheme (Act No.3/2020) and accordingly filed Declaration and undertaking in Form – 1 before the Designated Authority – Commissioner and the Designated Authority – Pr. CIT, Bengaluru – 1 has accepted the Declaration and issued the Certificate in Form – 3 on 26.02.2021. In the circumstances, it is prayed that the Appellant may be permitted to withdraw the above appeal in the interest of justice.”
The memo is placed on record.
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The appeal stands dismissed as withdrawn in terms of the aforesaid memo.
Sd/- JUDGE
Sd/- JUDGE
PMR
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