M/S OMKARESHWARA CHARITABLE TRUST vs. THE INCOME TAX OFFICER

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY I.T.A. NO.1027 OF 2017 BETWEEN: M/S. OMKARESHWARA CHARITABLE TRUST REP. BY ITS MANAGING TRUSTEE SRI. H. JAYADEV #21, PUTTAIAHANAKOPPAL KASABA HOBLI, PANDAVAPURA TALUK MANDYA DISTRICT - 571 427 PAN: AAATO1468J. .... APPELLANT (BY MR. S. ANNAMALAI, ADV., FOR MR. M. LAVA, ADV.,) AND: THE INCOME TAX OFFICER WARD-2, MANDYA PRESENTLY JURISDICTION THE INCOME TAX OFFICER (EXEMPTIONS), WARD-1 #21/16, ROOM NO.209 AAYAKAR BHAVAN, 2ND FLOOR RESIDENCY ROAD, NAZARBAD MYSURU-570010. ... RESPONDENT (BY MR. DILIP KUMAR, ADV., FOR 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 14.07.2017 PASSED IN ITA NO.970/BANG/2017 FOR THE ASSESSMENT YEAR 2009-10, PRAYING TO: (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT. (ii) ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU "SMC-A" BENCH, BENGALURU IN ITA NO.970/BANG/2017 DATED 14.07.2017 FOR THE ASSESSMENT YEAR 2009-10 (VIDE ANNEXURE-A). PASS SUCH OTHER ORDERS, AS THIS HON'BLE COURT DEEMS FIT AND PROPER TO MEET THE ENDS OF JUSTICE. 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.Dilip Kumar, learned counsel for Mr.K.V.Aravind, learned counsel for the revenue. Learned counsel for the assessee has filed a memo seeking leave of this Court to withdraw the appeal with liberty to revive the same if occasion so arises.

3 2. For the reasons assigned in the memo, the appeal is dismissed as withdrawn with liberty to revive the same if occasion so arises. Sd/- JUDGE Sd/- JUDGE RV