M/S BANGALORE METRO RAIL CORPORATION LIMITED vs. THE ASSISTANT COMMISSIONER OF INCOME TAX (TDS)

W.P.No.33050/2011 -1- IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 19TH DAY OF JULY 2012 BEFORE THE HON'BLE MR. JUSTICE H. G. RAMESH WRIT PETITION No.33050 OF 2011 (T-IT) BETWEEN: M/S. BANGALORE METRO RAIL CORPORATION LIMITED 3RD FLOOR, BMTC COMPLEX, K.H. ROAD SHANTHINAGAR, BENGALURU-560027 (REPRESENTED BY ITS GENERAL MANAGER (FINANCE) SRI U.A. VASANTH RAO AGED ABOUT 60 YEARS S/O LATE U L ANANDA RAO … PETITIONER (BY SRI CHYTHANYA K.K. ADVOCATE) AND THE ASSISTANT COMMISSIONER OF INCOME TAX (TDS) CIRCLE – 16(1), 4TH FLOOR HMT BHAVAN # 59 BELLARY ROAD BENGALURU-560 032 … RESPONDENT (BY SRI M.V. SESHACHALA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AS FAR AS THE PETITIONER IS CONCERNED BY AN APPROPRIATE WRIT, OR ORDER IN THE NATURE OF CERTIORARI OR OTHERWISE, THE IMPUGNED ORDER PASSED BY THE LEARNED RESPONDENT, UNDER SECTION 201(1) & 201(IA) OF THE INCOME TAX ACT, 1961, VIDE F NO.BLRB00878D/10-11/C-16(1), DATED 29.07.2011, FOR THE ASSESSMENT YEAR 2011-12, HEREWITH ENCLOSED AS ANNEXURE A & ETC.,

W.P.No.33050/2011 -2- THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: O R D E R H.G.RAMESH, J. (Oral): Sri. Chythanya K.K., learned Counsel appearing for the petitioner, after arguing the matter for some time, submits that the petitioner may be permitted to withdraw the Writ Petition with liberty to the petitioner to avail of the statutory remedy of appeal provided under Sec.246A(1)(ha) of the Income Tax Act, 1961. He submits that the petitioner may be permitted file the appeal within two weeks from today against the order at Annexure ‘A’ & the demand notice at Annexure ‘B’ and that the petitioner will pay along with the appeal memorandum a sum of Rupees Five Crores relating to the impugned demand, which may be made subject to the result of the appeal to be filed.

W.P.No.33050/2011 -3- 2. Sri M.V. Seshachala, learned standing counsel appearing for the respondent fairly and rightly submits that the Writ Petition may be disposed of in terms suggested by the learned counsel for the petitioner. He further submits that the appellate authority will dispose of the appeal within two months from the date of its filing. He also submits that the appellate authority will consider the appeal on merits by condoning the delay, if any, in filing the appeal. In view of the above, I make the following order: The Writ Petition is dismissed as withdrawn. The petitioner is permitted to avail of the statutory remedy of appeal within two weeks from today by depositing Rupees Five Crores in respect of the impugned demand. The said deposit shall be subject to the result of the appeal. The appellate

W.P.No.33050/2011 -4- authority shall dispose of the appeal within two months from the date of its filing. Registry shall forthwith return Annexures ‘A’ & ‘B’ to the learned counsel for the petitioner to enable the petitioner to file the appeal. The Writ Petition stands disposed of in the above terms. In view of disposal of the Writ Petition, I.A.No.1/2012 filed for vacating of the interim stay does not survive for consideration; it stands disposed of accordingly. Petition disposed of. Sd/- JUDGE BNS