What did the High Court hold?

The High Court allowed the withdrawal of the writ appeals. The appellant was granted liberty to raise all contentions, including questions of law, in another pending appeal (W.A.No.5789/13).

The appellant, Jeans Knit Private Limited, filed writ appeals before the High Court of Karnataka. The appeals were filed against an order in a writ petition. The appellant's counsel sought to withdraw the appeals.

What were the issues?

The primary issue was whether the appellant could withdraw the writ appeals with liberty to raise contentions in another appeal. The court considered the respondent's lack of objection.

Jeans Knit Private Limited vs DCIT | Karnataka High Court 2013

Heard together (3 matters)

W.A.NO.4629/2013

W.A.NO.5439/2013

W.A.No.5789/13

Read from the judgment's own cause title. This page is filed under one of them.

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 23RD DAY OF SEPTEMBER 2013

PRESENT

THE HON’BLE MR. JUSTICE DILIP B BHOSALE

AND

THE HON’BLE MR. JUSTICE B MANOHAR

W.A.NO.4629/2013 & W.A.NO.5439/2013(T-IT)

BETWEEN

JEANS KNIT PRIVATE LIMITED (A PRIVATE COMPANY LIMITED BY SHARES INCORPORATED UNDER THE COMPANIES ACT 1956) HAVING ITS OFFICE AT: NO.21-E-1, 2ND PHASE,INDUSTRIAL AREA,PEENYA BANGALORE

REPRESENTED HEREIN BY ITS DIRECTOR MR. LAXMINARAYAN GAUR S/O SRI NEMI CHAND SHARMA AGED ABOUT 57 YEARS RESIDING AT RENAISSANCE TEMPLE BELL FLAT NO.704, "B" BLOCK 7TH FLOOR, INDUSTRIAL SUBURB RAJAJINAGAR, BANGALORE 560022

... APPELLANT

(BY SRI NAGESHWAR RAO, ADV., FOR M/S. PDS LEGAL ADVOCATES)

AND

THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 11(5) R.P BUILDING NRUPATHUNGA ROAD, BANGALORE-560001

THE COMMISSIONER OF INCOME TAX C.R BUILDING, QUEENS ROAD BANGALORE

... RESPONDENTS

(BY SRI INDRAKUMAR, SR. ADV., A/W SRI E I SANMATHI, ADV.,)

THESE WRIT APPEALS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.13174/2013(T-IT) DATED 23/07/2013.

THESE W.As. COMING ON FOR PRELIMINARY HEARING, THIS DAY, DILIP B. BHOSALE J. DELIVERED THE FOLLOWING:

PC:

Learned counsel for the appellant, on instructions, prays for withdrawal of the appeals with liberty to the appellant to raise all contentions including the questions of law, if any, as raised in W.A.No.5789/13.

Learned counsel for the respondents have no objection for keeping all the contentions open to be raised

3 in the aforesaid appeal. Hence, these appeals are disposed of as withdrawn with liberty as prayed. Consequently, I.A.1/13 filed for stay is also disposed of.

It is needless to mention that all the contentions of the parties, raised in the present appeals, are allowed to be raised in W.A.No.5789/13.

Sd/-

JUDGE

Sd/- JUDGE TL

JEANS KNIT PRIVATE LIMITED vs. THE DEPUTY COMMISSIONER OF INCOME TAX

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