M/S. SHUSHRUTHA vs. THE ASSISTANT DIRECTOR OF INCOME-TAX

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY I.T.A. NO.109 OF 2017 BETWEEN: M/S. SHUSHRUTHA EDUCATIONAL TRUST REP. BY ITS SECRETARY DR. L.V.G. NARGUND NO.2366/27, "GURUKRUPA" 12TH MAIN, A BLOCK, 2ND STAGE RAJAJINAGAR, BENGALURU-560010. .... APPELLANT (BY MR. CHANDRASHEKAR V, ADV., MR. M. LAVA, ADV.,) AND: THE ASSISTANT DIRECTOR OF INCOME-TAX (EXEMPTIONS), CIRCLE 17(2) 6TH FLOOR, UNITY BUILDING ANNEXE P. KALINGA ROAD, BENGALURU-560027. ... RESPONDENT (BY MR. DILIP KUMAR, ADV., FOR MR. K.V. ARAVIND, ADV.,) - - - THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 30.09.2016 PASSED IN CROSS OBJECTION NOS.80 TO 83/BANG/2012 ARISING OUT OF ITA NO.418 TO 421/BANG/2012, FOR THE ASSESSMENT YEAR 2004-05, 2005-06, 2006-07 AND 2007-08 DATED 30.09.2016 (ANNEXURE-A) PRAYING TO (i) FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT.

2 (ii) ALLOW THE APPEAL TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE ITAT IN CROSS OBJECTION NOS.80 TO 83/BANG/2012 ARISING OUT OF ITA NO.418 TO 421/BANG/2012 FOR THE ASSESSMENT YEARS 2004- 05, 2005-06, 2006-07 AND 2007-08 DATED 30.09.2016 (ANNEXURE-A). (iii) PASS SUCH ORDERS, AS THIS HON'BLE COURT DEEMS FIT AND PROPER TO MEET THE ENDS OF JUSTICE. THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Mr.V.Chandrashekar, learned counsel for the assessee. Mr.Dilip Kumar, learned counsel for Mr.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 with liberty to revive the same if occasion so arises. The aforesaid memo is taken on record. 2. For the reasons assigned in the memo, the appeal is dismissed as withdrawn with liberty as aforesaid. Sd/- JUDGE Sd/- JUDGE RV