SRI WILFRED XAVIER REBELLO vs. THE INCOME TAX OFFICER

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4TH DAY OF OCTOBER, 2021

PRESENT

THE HON’BLE MRS.JUSTICE S.SUJATHA

AND

THE HON’BLE MR. JUSTICE RAVI V. HOSMANI

I.T.A.No.789/2018

BETWEEN :

SRI WILFRED XAVIER REBELLO PROP. M/s REBELLO INDUSTRIES PUMP HOUSE ROAD, BELUR HASSAN DISTRICT - 573 115 PAN: ABYPR9816L

...APPELLANT

(BY SRI BHAIRAV KUTTAIAH, ADV. FOR SRI M.LAVA, ADV.)

AND :

THE INCOME TAX OFFICER WARD 2, HASSAN SRI SHARADA SAMUDAYA BHAVAN SHANKAR MUTT ROAD K.R.PURAM, HASSAN - 573 201.

…RESPONDENT

(BY SRI K.V.ARAVIND, ADV.)

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 27.06.2018 PASSED IN ITA NO.951/BANG/2018, FOR THE ASSESSMENT YEAR 2010-2011, [VIDE ANNEXURE-A] PRAYING TO [A] TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT. [B] TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE

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INCOME TAX APPELLANT TRIBUNAL, BENGALURU 'C' BENCH IN ITA NO.951/BANG/2018 DATED 27.06.2018 RELATING TO THE ASSESSMENT YEAR 2010-2011. [VIDE ANNEXURE-A]

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

J U D G M E N T

Learned counsel for the appellant has filed a memo seeking leave of the Court to withdraw the appeal, which reads thus:- “1. The above named Appellant has filed this Income Tax Appeal under Section 260A of the Income Tax Act, 1961 challenging the order passed by the Income Tax Appellate Tribunal, Bangalore Bench in ITA No.951/Bang/2018 dated 27.06.2018 for the Assessment Year 2010-11. 2. 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 2010-11. 3. Thereafter, the Principal Commissioner of Income Tax issued Form – 3 certificate under sub-section (1) of Section 5 of the

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Direct Tax Vivad Se Viswas Act, 2020 dated 28.01.2021, after verifying Form – 1 and Form – 2. Copy of the Form – 3 is enclosed herewith for this Hon’ble Court’s reference and records. 4. 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 the dispute is not settled under the scheme the Direct Tax Vivad Se Vishwas Act, 2020 in the interest of justice and equity.”

The memo is placed on record.

The appeal stands dismissed as withdrawn with liberty as sought for.

Sd/- JUDGE

Sd/- JUDGE PMR