M/S BAIRAVI PROPERTIES AND vs. COMMISSIONER OF INCOME TAX-1

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ITA/735/2017HC KarnatakaKAHC01041332201705 April 2021Bench: ALOK ARADHE,M.G.S. KAMAL3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court allowed the withdrawal of the appeal. The appeal was dismissed as withdrawn with liberty to revive if necessary.

What were the facts?

The assessee filed an appeal before the High Court against an order passed by the ITAT. The assessee later filed a memo seeking to withdraw the appeal.

What were the issues?

The primary issue was the withdrawal of the appeal by the assessee due to resolution of the dispute under the Vivad-se-Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5TH DAY OF APRIL, 2021

PRESENT

THE HON’BLE Mr. JUSTICE ALOK ARADHE

AND

THE HON’BLE Mr. JUSTICE M.G.S. KAMAL

I.T.A. No. 735/2017

BETWEEN : --------------

M/s. Bairavi Properties and Constructions Pvt. Ltd., A Company incorporated Under the Companies Act, 1956 Having its present address at No. 546, 10th Main 6th A Cross, HAL 3rd Stage Bangalore – 560 075 Rep. by its Managing Director Mr. Balajikrishnaswamy.

… APPELLANT

(By Sri. Rohan Kothari, Adv., )

AND : -------

1.

Commissioner of Income Tax-1

Bangalore

2nd Floor, BMTC Building

80 Feet Road

Koramangala

Bengaluru – 560 095.

2.

Dy. Commissioner of

Income Tax, Circle 1(1)(2)

Bangalore

Presently at

2nd Floor, BMTC Building

80 Feet Road

Koramangala

Bengaluru – 560 095.

… RESPONDENTS

(By Sri. K.V. Aravind, Adv.)

---

This I.T.A. is filed under Section 260-A of I.T. Act 1961 with a prayer to allow the appeal and set aside the order passed by the Hon’ble ITAT, Bengaluru Bench-C in MP No. 52/Bang/2017 in ITA No. 203/Bang/2014 dated 16.06.2017 (Annexure-A) and etc.

This I.T.A. coming on for Final Hearing this day, ALOK ARADHE J, delivered the following;

J U D G M E N T

Sri. Rohan Kothari, learned counsel for the assessee.

Sri. 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 on the ground that the dispute has been resolved under the Vivad- se-Vishwas scheme.

2.

The aforesaid memo is taken on record. In the result, the appeal is dismissed as withdrawn with liberty to revive the same in case occasion arises.

In view of disposal of the appeal, I.A. Nos. 1/2017 and 6/2017 does not survive for consideration. Accordingly, they are disposed of.

Sd/-

JUDGE.

Sd/- JUDGE.

LRS.

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