M/S CHAITANYA vs. THE DEPUTY COMMISSIONER

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17TH DAY OF FEBRUARY, 2021

PRESENT

THE HON’BLE MR.JUSTICE ALOK ARADHE

AND

THE HON’BLE MR.JUSTICE NATARAJ RANGASWAMY

I.T.A. NO.600 OF 2016

BETWEEN:

M/S CHAITANYA PROPERTIES PRIVATE LIMITED, REP. BY ITS DIRECTOR, SRI. K.M.SRINIVASA MURTHY, NO.17, SANKEY ROAD, BANGALORE-560 020 PAB: AACCC5900A ...APPELLANT

(BY SRI. S.ANNAMALAI, ADVOCATE FOR SRI. M.LAVA, ADVOCATE)

AND:

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(2), BMTC BUILDING, 80 FEET ROAD, 6TH BLOCK, KORAMANGALA, BANGALORE-560 095. …RESPONDENT

(BY SRI. E.I.SANMATHI, ADVOCATE FOR SRI. K.V.ARAVIND, ADVOCATE)

2 THIS APPEAL IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT, 1961 ARISING OUT OF ORDER DATED 30.06.2016 PASSED IN ITA NO.1365/BANG/2015, FOR THE ASSESSMENT YEAR 2007-2008 PRAYING TO;

(a) FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT;

(b) ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BANGALORE BENCH ‘B’ BANGALORE IN ITA NO.1365/BANG/2015 DATED 30.06.2016 (ANNEXURE-A).

THIS APPEAL COMING ON FOR HEARING THIS DAY, ALOK ARADHE, J., DELIVERED THE FOLLOWING:

JUDGMENT

Mr.S.Annamalai, learned counsel for Mr.M.Lava, learned counsel for the assessee.

Mr.E.I.Sanmathi, 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.

3 as withdrawn with liberty to revive the same in case the occasion so arises.

Sd/- JUDGE

Sd/- JUDGE