Karnataka High Court
The Pr Commissioner Of Income Tax Cit (A) vs Shri S S Bakkesh on 5 July, 2018
Bench: Vineet Kothari, S.Sujatha
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 5TH DAY OF JULY 2018
PRESENT
THE HON'BLE Dr.JUSTICE VINEET KOTHARI
AND
THE HON'BLE Mrs.JUSTICE S.SUJATHA
I.T.A.No.986 OF 2017
BETWEEN:
1. THE PR. COMMISSIONER OF INCOME-TAX, CIT(A)
CENTRAL CIRCLE
C.R.BUILDING
QUEEN'S ROAD
BENGALURU - 560 001.
2. THE ADDL.COMMISSIONER OF INCOME-TAX
DAVANGERE RANGE
DAVANGERE, PRESENT ADDRESS
DCIT, CENTRAL-1(3)
C.R.BUILDING
QUEEN'S ROAD
BENGALURU - 560 001.
...APPELLANTS
(BY SRI.ARAVIND K.V., ADV.)
AND:
SHRI.S.S.BAKKESH
SRI.BAKKESH RICE INDUSTRIES
LAKIKERE ROAD
DAVANGERE
PAN:ABZPB 5755B.
...RESPONDENT
Date of Judgment 05-07-2018 I.T.A.No.986/2017
The Pr.Commissioner of Income-Tax and Another
Vs. Shri.S.S.Bakkesh
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(BY MRS.JINITA CHATTERJEE FOR SRI.S.PARTHASARATHI,
ADV.)
THIS I.T.A IS FILED UNDER SECTION 260-A OF INCOME
TAX ACT, 1961 ARISING OUT OF ORDER DATED 28.02.2017
PASSED IN ITA NO.225/BANG/2013, FOR THE ASSESSMENT
YEAR 2007-2008, VIDE ANNEXURE-C WITH A PRAYER TO (i)
FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED
ABOVE (ii) ALLOW THE APPEAL AND SET ASIDE THE ORDERS
PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL,
BENGALURU IN ITA NO.225/BANG/2013 DATED 28.02.2017 AND
CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER
CONFIRMING THE ORDER PASSED BY THE DEPUTY
COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3),
BENGALURU, (III) TO PASS SUCH OTHER SUITABLE ORDERS AS
THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE FACTS
AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS I.T.A. COMING ON FOR ORDERS, THIS DAY Dr.
VINEET KOTHARI J. DELIVERED THE FOLLOWING:-
JUDGMENT
Mr.K.V.Aravind Adv. for Appellants-Revenue Mrs.Jinita Chatterjee Adv. for Sri.S.Parthasarathi Adv. for Respondent Learned counsel for the appellants-Revenue wants to withdraw the present appeal with a liberty to file Misc. Application before the learned Income Tax Appellate Tribunal. He further prays that the limitation for filing such Misc. Application might have expired and therefore, the delay, if Date of Judgment 05-07-2018 I.T.A.No.986/2017 The Pr.Commissioner of Income-Tax and Another Vs. Shri.S.S.Bakkesh 3/3 any, may be condoned and the learned Tribunal may be requested to decide the Misc. Application on merits.
2. The learned counsel for the Assessee does not have any serious objection to the same.
3. Accordingly, we dismiss the present appeal by Revenue as withdrawn with liberty to the Appellant-Revenue to file appropriate Misc. Petition before the learned Tribunal.
If such Misc. Application is filed within 30 days from today i.e., 05.07.2018, we expect the learned Tribunal to consider the said Misc. application on merits in accordance with law.
Sd/-
JUDGE Sd/-
JUDGE SS