THE COMMISSIONER OF INCOME TAX AND ORS vs. SHRI.HINGULAMBIKA
What did the High Court hold?
The appellants' counsel filed a memo seeking withdrawal of the appeal. The respondent had no objections to the withdrawal. Consequently, the High Court dismissed the writ appeal as not pressed.
What were the facts?
The Income Tax Department filed a writ appeal before the High Court of Karnataka challenging an order passed by a learned Single Judge in a writ petition. The appeal was filed by the Commissioner of Income Tax and other revenue authorities.
What were the issues?
The primary issue was whether the writ appeal filed by the Income Tax Department should be allowed to proceed or be withdrawn.
AI-generated summary — verify with the full judgment below
1 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 3RD DAY OF SEPTEMBER 2018 PRESENT THE HON’BLE MRS. JUSTICE S. SUJATHA AND THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT APPEAL No.200068/2017 (T-IT) Between: 1. The Commissioner of Income Tax, Opp. Civil Hospital, Dr.Ambedkar Road Belgaum-590001 2. The Chief Commissioner of Income Tax, Ayakar Bhavan Plot No.5, EDC Complex Patto Plaza, Panaji-403001 3. The Income Tax Officer Ward-I, Ayakar Bhavan Near All India Radio Athani road, Vijaypur-586101 …Appellants (By Sri Ameet Kumar Deshpande, Advocate)
2 And: Shri. Hingulambika Co-Operative Housing Society Ltd., Tilak Road, Bijapur-586101 Represented by its Secretary Sri Sripathi Rao, Aged: 52 years S/o Sri Hanumanthrao Saraf …Respondent (By Sri S. Parthasarthi Malhara Rao, Smt. Prathibha R. & Sri V.K.Gurunathan, Advocates) This Writ Appeal is filed under Section 4 of the Karnataka High Court Act praying to allow this appeal and to set aside the final order dated 02.03.2017 passed by the learned Single Judge in writ petition No.5235/2008 (T-IT) and to pass any other appropriate orders as may be necessary in the interest of justice. This appeal is coming on for orders, this day, S. SUJATHA J., delivered the following: JUDGMENT Learned counsel for the appellants has filed a memo seeking withdrawal of the appeal. Memo is placed on record.
3 Learned counsel for the respondent has no objections. Accordingly, writ appeal stands dismissed as not pressed. Sd/- JUDGE Sd/- JUDGE Srt
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