M/S. KHODAY ESHWARSA AND SONS vs. THE COMMISSIONER OF INCOME TAX

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY I.T.A. NO.620 OF 2016 BETWEEN: M/S. KHODAY ESHWARSA AND SONS NO.9, SHESHADRI ROAD BENGALURU 560009 A FIRM REP. BY ITS PARTNER SRI. K.L. SWAMY PAN: AACFK 8629H. .... APPELLANT (BY MR. A. SHANKAR, SR. COUNSEL FOR MR. GURUMURTHY M, ADV.,) AND: 1. THE COMMISSIONER OF INCOME TAX

BENGALURU II, BMTC BUILDING

KORAMANGALA, 80 FEET ROAD

BENGALURU-560095. 2. THE DEPUTY COMMISSIONER OF INCOME TAX

CIRCLE 3(1), BMTC BUILDING

KORAMANGALA, 80 FEET ROAD

BENGALURU-560095. ... RESPONDENTS (BY MR. K.V. ARAVIND, ADV.,) - - - THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 17.06.2016 PASSED

2 IN ITA NO.614/BANG/2011 FOR THE ASSESSMENT YEAR 2006-07, PRAYING TO: (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. (ii) ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE ITAT, BENGALURU IN ITA 614/BANG/2011 DATED 17.06.2016 (ANNEXURE-C) UPHOLDING THE ORDER PASSED BY THE COMMISSIONER OF INCOME TAX AND CONSEQUENTLY CONFIRM THE ORDER PASSED BY THE ASSESSING OFFICER DATED 22.12.2008. (iii) PASS SUCH OTHER SUITABLE ORDERS AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Mr.S.Annamalai, learned counsel for the assessee. 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 In view of the aforesaid submission, the appeal is dismissed as withdrawn with liberty to the assessee to revive the same if occasion so arises.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