THE COMMISSIONER OF INCOME TAX vs M/S. ASIA POWER PROJECTS PVT LTD

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2018 PRESENT THE HON’BLE Dr.JUSTICE VINEET KOTHARI AND

THE HON’BLE MRS.JUSTICE S SUJATHA ITA No.630/2013 Between: 1. The Commissioner of Income-Tax, C.R.Building, Queens Road, Bengaluru.

The Deputy Commissioner of Income-Tax, Circle-11(1), Rashtrothana Bhavan, Nrupathunga Road, Bengaluru.

... Appellants (By Sri.K.V.Aravind, Advocate)

And:

M/s Asia Power Projects Pvt. Ltd., 6, Lakeside Residency, 6, Annaswamy Mudhaliar Road, Bengaluru – 560 042.

... Respondent

(By Smt.Vani.H, Advocate)

Date of Judgment:16.07.2018 in ITA No.630/2013 The Commissioner of Income-Tax and Anr. Vs. M/s Asia Power Projects Pvt.Ltd. 2

This ITA is filed under Section 260-A of Income Tax Act 1961, arising out of order dated 07.06.2013 passed in S.P.No.73/Bang/2013 (A/o S.P.No.145/Bang/2012 in ITA No.934/Bang/2011), for the Assessment Year 2007- 2008 praying to 1. formulate the substantial questions of law stated above, 2. allow the appeal and set aside the orders passed by the ITAT, Bangalore S.P.No.73/Bang/2013 (A/o S.P.No.145/Bang/2012 in ITA No.934/Bang/2011) dated 07.06.2013 and confirm the order of the Appellate Commissioner confirming the order passed by the Deputy Commissioner of Income Tax, Circle-11(1), Bangalore.

This ITA coming on for Admission this day, Vineet Kothari, J., delivered the following: JUDGMENT

Sri.K.V.Aravind, Adv for Appellants – Revenue. Smt.Vani.H, Adv for Respondent – Assessee.

Learned counsel for the assessee submits that in view of the subsequent developments in the case by the Rectification Order, the demand in question has been set aside by the assessing authority himself and therefore, the present appeal filed by the Revenue is rendered infructuous.

Learned counsel for the Revenue does not dispute this position.

Date of Judgment:16.07.2018 in ITA No.630/2013 The Commissioner of Income-Tax and Anr. Vs. M/s Asia Power Projects Pvt.Ltd. 3

Accordingly, appeal of Revenue is dismissed as having been rendered infructuous. No costs.

Sd/- JUDGE

*dn/- (List No.1 Sl.No.1)

THE COMMISSIONER OF INCOME TAX vs. M/S. ASIA POWER PROJECTS PVT LTD