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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY 2022
PRESENT
THE HON’BLE MR.JUSTICE ALOK ARADHE
AND
THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ
ITA NO.583 OF 2016
BETWEEN:
SRI. K. ANAND KUMAR #27, ELEPHANT ROCK ROAD 3RD BLOCK, JAYANAGAR BENGALURU-560011
… APPELLANT
(BY SRI. A. SHANKAR, SENIOR COUNSEL FOR SRI. BHAIRAV KUTTAIAH, ADVOCATE-VC)
AND:
THE ASSISTANT COMMISSIONER OF INCOME-TAX CIRCLE-4(1), BMTC BUILDING 80 FEET ROAD, KORAMANGALA 6TH BLOCK, BENGALURU-560095
… RESPONDENT
(BY SRI. T.N.C. SRIDHAR, ADVOCATE FOR SRI. JEEVAN J. NEERALGI, ADVOCATE-VC)
THIS APPEAL IS FILED UNDER ITA / INCOME TAX APPEAL UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF THE ORDER DATED 17.06.2016 PASSED IN ITA NO.438/BANG/2014 AND ITA NO. 409/BANG/2014, FOR THE ASSESSMENT YEAR 2004-2005 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT AND TO ALLOW THE APPEAL AND SET ASIDE THE
2 FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE ITAT, BENGALURU BENCH 'C', BENGALURU IN ITA NO. 438/BANG/2014 AND ITA NO. 409/BANG/2014 DATED 17.06.2016 (ANNEXURE-A) AND ETC.
THIS APPEAL COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
Sri.A.Shankar, learned Senior counsel for Sri.Bhairav Kuttaiah, learned counsel for the appellant. Sri.T.N.C.Sridhar, learned counsel for Sri.Jeevan J.Neeralgi, learned counsel for the respondent. 2. Learned counsel for the Assessee has filed a memo seeking leave of this Court to withdraw the appeal on the ground that the dispute between the parties has been amicably settled under the Direct Tax Vivad Se Vishwas Act, 2020 and Form No.3 has been issued in favour of the Assessee with liberty to revive the same if occasion so arises.
3 3. The memo is taken on record. 4. The appeal preferred by the Assessee is disposed of with liberty to revive the same if occasion so arises.
Sd/- JUDGE
Sd/- JUDGE
ln.