Commissioner of Income Tax-III, vs M/s SDE Engineers Private Limited,

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26TH 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.407/2013

BETWEEN:

SRI THIMMAYYA SHETTY “PANCHADURGA” PADUKONAJE POST MOODABIDRI DAKSHINA KANNADA-574 227.

…APPELLANT (BY SRI A SHANKAR, SENIOR COUNSEL A/W SRI BHAIRAV KUTTAIAH, ADVOCATE)

AND:

THE ASSISTANT COMMISSIONER OF INCOME-TAX INVESTIGATION CIRCLE, C R BUILDING, ANNEXE, ATTAVARA MANGALURU-575 001.

… RESPONDENT (BY SRI K V ARAVIND, ADVOCATE)

THIS APPEAL IS FILED UNDER SECTION 260A OF THE INCOME-TAX ACT, 1961, ARISING OUT OF ORDER DATED 22.03.2013 PASSED IN IT (SS)A NO.11/Bang/2012, BLOCK PERIOD: FROM 01.04.1998 TO 24.02.1999, PRAYING THIS HON’BLE COURT TO: (I). FORMULATE THE SUBSTANTIAL QUESTION OF LAW STATED THEREIN. (II) ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE

APPELLANT IN THE ORDER PASSED BY THE TRIBUNAL IT(SS)A.11/BANG/2012 DATED 22/03/2013.

THIS APPEAL COMING ON FOR HEARING, THIS DAY, S.SUJATHA J., DELIVERED THE FOLLOWING:

JUDGMENT

Learned counsel for the assessee has filed a memo dated 26.10.2021 for withdrawal of the appeal relating to the Assessment Year 1998-99. The said memo reads as under: 1. “The above named appellant has filed Income Tax Appeal under Section 260A of the Income Tax Act, 1961, challenging the order passed by the Income Tax Appellate Tribunal, Bangalore Bench for the Assessment Year 1998-99.

The Appellant filed Form-1 and Form-2 for declaration and undertaking for paying taxes on disputed income under the scheme named The Direct Tax Vivad Se Vishwas Act, 2020 for the Assessment Year 1998-99.

Thereafter, the Principal Commissioner of Income Tax, Bengaluru-3 issued Form-3 certificate under sub-section (1) of Section 5 of the Direct Tax Vivad Se Viswas Act, 2020 dated 30.09.2021, after verifying Form-1 and Form-2. Copy of the Form-3 is enclosed herewith for the Hon’ble Court’s reference and records.

Wherefore, in view of the above submissions the Appellant humbly prays this Hon’ble Court may pleased to permit the Appellant to withdraw the above Income Tax Appeal with liberty to revive, in case, if the dispute is not settled under the scheme the Direct Tax Vivad Se Vishwas Act, 2020 in the interest of justice and equity.”

Memo is placed on record. Accordingly, the appeal is disposed of as withdrawn in terms of the memo.

Sd/- JUDGE

Commissioner of Income Tax-III, vs. M/s SDE Engineers Private Limited,