MAGRATH PROPERTIES P LTD vs. DEPUTY COMMISSIONER

1/4 IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 3RD DAY OF JULY 2018

PRESENT

THE HON'BLE Dr.JUSTICE VINEET KOTHARI

AND

THE HON’BLE Mrs.JUSTICE S.SUJATHA

I.T.A.Nos.763/2017 & 764/2017 c/w I.T.A.Nos.766-767/2017

In ITA Nos.763 & 764/2017 BETWEEN:

MAGRATH PROPERTIES P. LTD., 1ST FLOOR, EMBASSY POINT 150 INFANTRY ROAD BENGALURU – 560 005 REPRESENTED HEREIN BY ITS DIRECTOR MR.PEEYUSH MAKHIJA

…APPELLANT (BY MR.SURYANARAYANA T., ADV.)

AND:

OF INCOME-TAX CIRCLE-4(1)(2)

[ERSTWHILE ASSISTANT

COMMISSINER OF

INCOME-TAX-CIRCLE 12(1)]

BMTC BUILDING

80FT ROAD

Date of Judgment 03 -07-2018 I.T.A.Nos.763 & 764/2017 c/w ITA Nos.766-767/2017 Magrath Properties P. Ltd., Vs. Deputy Commissioner of Income-Tax and another.

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KORAMANGALA

BANGALORE – 560 096.

OF INCOME TAX

BMTC BUILDING

KORAMANGALA 6TH BLOCK

BNAGALORE – 560 095.

…RESPONDENTS *****

THESE INCOME TAX APPEALS ARE FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 06.01.2017 PASSED IN ITA NOS.226 & 227/BANG/2014 FOR THE ASSESSMENT YEAR 2009-10 & ITA NO.1166/BANG/2014 FOR THE ASSESSMENT YEAR: 2010-11, PRAYING THIS HON’BLE COURT TO: (A) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE (B) ALLOW THE APPEAL AND SET ASIDE THE ORDER OF THE TRIBUNAL DATED 06.01.2017 PASSED IN ITA NOS.226, 227 AND 1166/BANG/2014 (ANNEXURE-K), TO THE EXTENT QUESTIONED HEREIN AND (C) PASS SUCH OTHER OR SUITABLE ORDERS AS THIS HON’BLE COURT DEEMS FIT TO PASS ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE AND EQUITY.

ITA NOS.766-767/2017:

BETWEEN

MAGRATH PROPERTIES P. LTD., 1ST FLOOR, EMBASSY POINT 150 INFANTRY ROAD BENGALURU – 560 005 REPRESENTED HEREIN BY ITS DIRECTOR MR.PEEYUSH MAKHIJA ..APPELLANT (BY SRI.SURYANARAYANA T., ADV.)

Date of Judgment 03 -07-2018 I.T.A.Nos.763 & 764/2017 c/w ITA Nos.766-767/2017 Magrath Properties P. Ltd., Vs. Deputy Commissioner of Income-Tax and another.

3/4

AND

OF INCOME-TAX CIRCLE-4(1)(2)

[ERSTWHILE ASSISTANT

COMMISSIONER OF INCOME-TAX- CIRCLE 12(1)] BMTC BUILDING 80FT ROAD KORAMANGALA BANGALORE – 560 095.

OF INCOME-TAX

BMTC BUILDING

KORAMANGALA 6TH BLOCK

BANGALORE – 560 095. …RESPONDENTS ***** THESE INCOME TAX APPEALS ARE FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 24.05.2017 PASSED IN MP NOS.80 & 81/BANG/2017 IN ITA NO.226 AND 1166/BANG/2014 (ANNEXURE-L) FOR THE ASSESSMENT YEAR 2009-10 & 2010- 11, PRAYING THIS HON’BLE COURT TO: (A) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE (B) ALLOW THE APPEAL AND SET ASIDE THE ORDER OF THE TRIBUNAL DATED 24.05.2017 PASSED IN MP NOS.80 & 81/BANG/2017 IN ITA NOS.226 AND 1166/BANG/2014 (ANNEXURE-L), TO THE EXTENT QUESTIONED HEREIN AND (C) PASS SUCH OTHER OR SUITABLE ORDERS AS THIS HON’BLE COURT DEEMS FIT TO PASS ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE AND EQUITY.

THESE I.T.As. COMING ON FOR ADMISSION, THIS DAY Dr. VINEET KOTHARI J. DELIVERED THE FOLLOWING:-

Date of Judgment 03 -07-2018 I.T.A.Nos.763 & 764/2017 c/w ITA Nos.766-767/2017 Magrath Properties P. Ltd., Vs. Deputy Commissioner of Income-Tax and another.

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JUDGMENT

Mr.Suryanarayana T. Adv. for Appellant

Learned counsel for the appellant files a memo seeking leave of this Court to withdraw the present appeals.

Memo is taken on record.

Accordingly, the appeals stand dismissed as withdrawn.

A copy of the order be sent to the Revenue.

Sd/- JUDGE

Sd/- JUDGE