SHRI VEERANNA 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.983/2017

BETWEEN :

SHRI VEERANNA MASTHENAHALLI VILLAGE, HENNAGARA POST OFFICE, ANEKAL TALUK BENGALURU DISTRICT-562125 PAN: AVJPV5374N

...APPELLANT

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

AND :

THE INCOME TAX OFFICER WARD 9(3), PRESENTLY WARD-4(3)(5) BMTC BUILDING, 6TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU-560095

…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 30.06.2017 PASSED IN ITA NO.287/BANG/2017, FOR THE ASSESSMENT YEAR 2006-2007, PRAYING TO (A) TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT. (B) TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS THEREIN TO THE EXTENT AGAINST THE APPELLANT

- 2 -

IN THE ORDER PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU 'SMC-C' BENCH IN ITA NO.287/BANG/2017 DATED 30.06.2017 FOR THE ASSESSMENT YEAR 2006-2007 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.287/Bang/2017 dated 30.06.2017 for the Assessment Year 2006-07. 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 2006-07. 3. Thereafter, the Principal Commissioner of Income Tax – Bengaluru – 2 issued Form –

- 3 -

3 certificate under sub-section (1) of Section 5 of the Direct Tax Vivad Se Viswas Act, 2020 dated 04.01.2021, after verifying Form – 1 and Form – 2. 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

PMR

SHRI VEERANNA vs. THE INCOME TAX OFFICER