Dismissed¶36

Sri Kempaiah Vinay v. the Assistant Commissioner of Income Tax

Karnataka HC4 Feb 2025ITA/298/2022

Case brief

AI extract

What is this about?

Karnataka HC Bengaluru, ITA No. 298 of 2022 (NC: 2025:KHC:4979-DB), decided 04-02-2025; Kempaiah Vinay v. Assistant Commissioner of Income Tax, Circle 6(2)(1); assessment year 2014-15; S. 260A Income-Tax Act 1961; appeal dismissed as withdrawn on appellant's memo dated 24.01.2025 after opting for Direct Tax Vivad Se Vishwas Scheme 2024; certificate under S. 92(1) Finance (No. 2) Act 2024 in Form 2, Circular No.19/2024, dated 16.12.2024; advocates: Ms. Prathibha for Sri S. Parthasarathi (appellant), Sri M. Dilip and Sri Y.V. Raviraj (respondent); no case law cited; bench: K. Somashekar J. (author) with Venkatesh Naik T J.

What did the court decide?

Appeal permitted to be withdrawn; the liberty as sought for in the appellant's memo dated 24.01.2025 granted. ¶36

Sri Kempaiah Vinay Vs the Assistant Commissioner of Income Tax — Income Tax | Karnataka HC (2025)

¶1

¶2

NC: 2025:KHC:4979-DB ITA No. 298 of 2022

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 4^TH DAY OF FEBRUARY, 2025

¶5

PRESENT

¶6

THE HON'BLE MR JUSTICE K.SOMASHEKAR

¶7

AND

¶8

THE HON'BLE MR JUSTICE VENKATESH NAIK T INCOME TAX APPEAL NO.298 OF 2022

¶9

BETWEEN:

¶10

SRI KEMPAIAH VINAY AGED 43 YEARS SON OF SRI MAYANNA KEMPAIAH NO.67, GELEYARA BALAGA COLONY MAHALAKSHMIPURAM BENGALURU-560 086.

¶11

…APPELLANT

¶12

(BY MS. PRATHIBHA, ADVOCATE, FOR SRI S. PARTHASARATHI)

¶13

AND:

¶14

Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA

¶15

THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 6(2)(1) ROOM NO.317, 3^RD FLOOR BMTC BUILDING, KORAMANGALA BENGALURU-560 095.

¶16

…RESPONDENT

¶17

(BY SRI M. DILIP AND SRI Y.V. RAVIRAJ, ADVOCATE)

¶18

¶19

THIS INCOME TAX APPEAL HAS FILED UNDER SECTION 260A OF THE INCOME-TAX ACT, 1961, ARISING OUT OF ORDER DATED 04-08-2021 AND 06-01-2022 PASSED IN ITA NO.410/BANG/2020 AND MP NO.95/BANG/2021 (IN ITA NO.410/BANG/2020) RESPECTIVELY FOR THE ASSESSMENT YEAR 2014-2015.

¶20

THIS INCOME TAX APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶21

¶22

NC: 2025:KHC:4979-DB ITA No. 298 of 2022

¶23

CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T

¶24

ORAL JUDGMENT

¶25

(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)

¶26

Ms. Prathibha, representing Sri. S. Parthasarathi., learned counsel appearing for the appellant and Sri. M. Dilip., and Sri. Raviraj. Y.V., learned counsel appearing for the respondent are present before the Court physically.

¶27

Learned counsel for the appellant has filed a memo dated 24.01.2025, seeking permission of the Court to withdraw the appeal. The said memo reads as under :

¶28

"The Appellant most humbly submits as under:

¶29

The above Appellant's appeal in ITA No.298/2022 for the assessment year 2014-15 filed under Section 260A of the IT Act, 1961 is pending before the Hon'ble High Court. The Appellant herein opted for settlement of tax under Vivad Se Vishwas Scheme and accordingly filed application before the Designated Authority and the Designated Authority has issued certificate under sub section (1) of section 92 of the Finance (No. 2) Act 2024 under the Direct tax Vivad se vishwas scheme 2024 in Form 2 - The

¶30

NC: 2025:KHC:4979-DB ITA No. 298 of 2022

¶31

¶32

Direct Tax Vivad Se Vishwas Rules, 2024 circular No.19/2024 on 16.12.2024.

¶33

In the circumstances, the Appellant herein prays that the Hon'ble Court be pleased to dispose of the above appeal as withdrawn by the Appellant and grant liberty."

¶34