THE DY COMMISSIONER OF INCOME TAX (TDS) vs. M/S JINDAL THERMAL POWER COMPANY LTD

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 09TH DAY OF NOVEMBER, 2021

PRESENT

THE HON’BLE MRS.JUSTICE S.SUJATHA

AND

THE HON’BLE MR. JUSTICE S.RACHAIAH

I.T.A.No.317/2010

BETWEEN :

M/s CHAITANYA PROPERTIES PVT. LTD., REP. BY ITS DIRECTOR SRI K.M.SRINIVASA MURTHY, SHANTHINIKETHAN, SADARMANGALA WHITEFIELD, BANGALORE-560048

...APPELLANT

(BY SRI A.SHANKAR, SENIOR ADV. A/W SRI S.V.RAVISHANKAR, ADV.)

AND :

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 11 (2), NO.14/3-A, 4TH FLOOR, RASHTRATHANA BHAVAN, NRUPATHUNGA ROAD, BANGALORE-560001

…RESPONDENT

(BY SRI K.V.ARAVIND, ADV.)

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 31.03.2010 PASSED IN ITA NO.1141/BNG/2008, ITA NO.1183/BNG/2008 AND ITA NO.1037/BNG/2009 FOR THE ASSESSMENT YEAR 2005-2006, PRAYING TO I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN, II. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED

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BY THE ITAT BANGALORE IN ITA NO.1141/BNG/2008, ITA NO.1183/BNG/2008 AND ITA NO.1037/BNG/2009 DATED 31.03.2010.

THIS APPEAL COMING ON FOR HEARING, THIS DAY, S. SUJATHA, J., DELIVERED THE FOLLOWING:

J U D G M E N T

Learned counsel for the appellant has filed a memo seeking leave of the Court to withdraw the appeal, which reads thus:- “1. The above named Appellant has filed Income Tax Appeal under Section 260A of the Income Tax Act, 1961 challenging the order passed by the Income Tax Appellate Tribunal for the Assessment Year 2005-06. 2. The Appellant filed Form-1 and Form-2 for declaration and undertaking for paying taxes on disputed income under the scheme named The Direct Tax Vivad Se Vishwas Act, 2020 for the Assessment Year 2005-06. 3. Thereafter, the Commissioner of Income Tax (Central), Bengaluru issued Form – 3 certificate under sub-section (1) of Section 5 of the Direct Tax Vivad Se Viswas Act, 2020 dated 29.10.2021, after verifying

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Form – 1 and Form – 2. Copy of the Form – 3 is enclosed herewith for this Hon’ble Court’s reference and records. 4. Wherefore, in view of the above submissions the Appellant humbly prays this Hon’ble Court may be pleased to permit the Appellant to withdraw the above Income Tax Appeal with liberty to revive, in case, if the dispute is not settled under the scheme the Direct Tax Vivad Se Vishwas Act, 2020 in the interest of justice and equity.”

The memo is placed on record.

The appeal stands disposed of as withdrawn with liberty as sought for.

Sd/- JUDGE

Sd/- JUDGE

PMR