M/S. CONTINENTAL WAREHOUSING CORPORATION LIMITED vs. THE DEPUTY COMMISSIONER OF INCOME TAX

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER 2020 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD I.T.A. NO.200 OF 2018 BETWEEN: M/S. CONTINENTAL WAREHOUSING CORPORATION LIMITED REP. BY ITS SRI. D. MALLIKARJUNA REDDY # 595, 1ST FLOOR DR. RAJKUMAR ROAD, PRAKASHNAGAR BENGALURU-560021 PAN: AAACC 8411 E. .... APPELLANT (BY SRI. V. CHANDRASHEKAR, ADV., & SRI. M LAVA, ADV.,) AND: THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-11(2), BMTC BUILDING 80 FEET ROAD, KORAMANGALA 6TH BLOCK, BENGALURU-560095. ... RESPONDENT (BY SRI. K.V. ARAVIND, ADV.,) - - - THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 10.11.2017 PASSED IN ITA NO.736/BANG/2010 (APPELLANT APPEAL) AND ITA NO.768/BANG/2010 (RESPONDENT APPEAL) FOR THE ASSESSMENT YEAR 2006-07 (VIDE ANNEXURE-A), PRAYING TO:

2 (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AS STATED ABOVE AND ANSWER THE SAME FAVOUR OF THE APPELLANT. (ii) TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS THEREIN TO THE EXTENT AGAINST THE APPELLANT IN THE COMMON ORDER PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, 'C' BENCH, BANGALORE IN ITA NO.736/BANG/2010 (APPELLANT APPEAL) AND ITA NO.768/BANG/2010 (RESPONDENT APPEAL) DATED 10.11.2017 FOR THE ASSESSMENT YEAR 2006-07 (ANNEXURE-A). (iii) PASS SUCH OTHER 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.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. The aforesaid memo is taken on record. 2. For the reasons assigned in the memo, the appeal is dismissed as withdrawn with liberty to the assessee to revive the same if occasion so arises. Sd/- JUDGE Sd/- JUDGE RV