JOHN CRANE SEALING vs. DEPUTY COMMISSIONER

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13th DAY OF AUGUST 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR I.T.A. NO.174 OF 2017 BETWEEN: JOHN CRANE SEALING SYSTEMS INDIA P.LTD. PRESENTLY AT NO.11 1ST PHASE, PEENYA INDUSTRIAL AREA BANGALORE – 560 058. REPRESENTED HEREIN BY ITS DIRECTOR MR.SRINIVASAN VENKATARAMAN, PREVIOUSLY AT 1, GROUND FLOOR, "CASA BLANCA" 6, CASA MAJOR ROAD, EGMORE CHENNAI – 600 008 ... APPELLANT (BY MRS. MANASA ANANTHAN, ADV. FOR SRI. T. SURYANARYANA, ADV.) AND: 1. DEPUTY COMMISSIONER OF INCOME-TAX, COMPANY CIRCLE-11(3) ROOM NO.513, 5TH FLOOR WANAPARTHY BLOCK,

2 121 UTHAMAR GANDHI ROAD, NUNGAMBAKKAM CHENNAI – 600 034. TRANSFER TO ASSISTANT COMMISSIONER OF INCOME TAX - CIRCLE 4(1)(1) 2ND FLOOR, BMTC BUILDING KORAMANGALA 6TH BLOCK BENGALURU - 560 095. 2. PRINCIPAL COMMISSIONER OF INCOME TAX-4, 5TH FLOOR, BMTC BUILDING, KORAMANGALA 6TH BLOCK, BANGALORE - 560 095. ... RESPONDENTS (BY SRI. DILIP KUMAR, ADV., FOR SRI. K.V. ARAVIND, ADV) - - - THIS I.T.A. IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961, ARISING OUT OF ORDER DATED 17.11.2016 PASSED IN ITA NO.1885/MDS/2015 FOR THE ASSESSMENT YEAR 2008-2009, PRAYING TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN. II. ALLOW THE APPEAL AND SET ASIDE THE ORDER OF THE TRIBUNAL DATED 17/11/2016 PASSED IN ITA NO. 1885/MDS/2015 (ANNEXURE-G), TO THE EXTENT QUESTIONED HEREIN; AND III. PASS SUCH OTHER OR SUITABLE ORDERS AS THIS HON'BLE COURT DEEMS FIT TO PASS ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN THE INTERESTS OF JUSTICE AND EQUITY.

3 THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Mrs. Manasa Ananthan, learned counsel for Sri. Suryanarayana T, learned counsel for the assessee. Sri. Dileep Kumar, learned counsel for Sri. K. V. Aravind, learned counsel for the revenue. 2. Learned counsel for the assessee has filed a memo seeking leave of this Court to withdraw the appeal on the ground that the matter has been resolved under ‘Vivad se Vishwas’ scheme. The aforesaid memo is placed on record. 3. The appeal is disposed of with liberty to the appellant to seek revival of the same in case of occasion so arises. Sd/- JUDGE Sd/- JUDGE MDS