Commissioner of Income Tax-III vs. M/s Rockwell Industries Ltd

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF FEBRUARY 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY I.T.A. NO.507 OF 2013 BETWEEN: M/S INTERNATIONAL POWER S.A. (FORMERLY KNOW AS SUEF TRACTEBEL SA) REPRESENTED BY ITS AUTHORISED PERSON SRI. SUBIR KUMAR GHOSH BOULEVARD SIMON BOLIVAR 34-1000, BRUSSELS BELGIUM. .... APPELLANT (BY MR.PRASHANTH KUMAR, ADVOCATE) AND: DEPUTY DIRECTOR OF INCOME-TAX (INTERNATIONAL TAXATION) CIRCLE II(1), 6TH FLOOR B.P. BHAVAN, NO.14/3 NRUPATHUNGA ROAD BANGALORE - 560 001. ... RESPONDENT (BY MR.K.V. ARAVIND FOR ADVOCATE)

2 THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 07.06.2013 PASSED IN IT(TP)A NO.656/BANG/2009 FOR THE ASSESSMENT YEAR PRAYING TO: (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. (ii) TO DIRECT THE TRIBUNAL TO CONSIDER THE ISSUES NOT ADJUDICATED BY THEM AND TO THAT EXTENT HOLD THAT THE ORDER OF THE TRIBUNAL IS BAD IN LAW IN IT(TP)A NO.656/BANG/2009 DATED:07.06.2013 ANNEXURE -A AND CONSEQUENTLY SET ASIDE THE OBERVATION OF THE TRIBUNAL THAT IT IS NOT ADJUDICATING CERTAIN ISSUES. THIS I.T.A. COMING ON FOR ORDERS, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Mr.Prashanth Kumar D., learned counsel for the assessee. Mr.K.V.Aravind, learned counsel for the revenue. Learned counsel for the assessee submits that the assessee has approached under the 'Vivad se Vishwas' scheme and Form 3 under the scheme has been issued. He, therefore, seeks leave of this Court to withdraw the appeal and has filed a memo in this regard. The aforesaid memo is taken on record.

3 2. In view of the aforesaid submission, the appeal is dismissed as withdrawn with liberty to the assessee to revive the same if occasion so arises. Sd/- JUDGE Sd/- JUDGE RV