M/S Futuristic Diagnostic Imaging Centre Pvt. Ltd. v. the Income Tax Officer

Karnataka HC5 Feb 2025ITA/448/2022

Case brief

AI extract

What is this about?

Karnataka HC, Bengaluru; ITA No. 448 of 2022; decided 05-02-2025; bench: Krishna S Dixit & G Basavaraja (judgment per Krishna S Dixit); appellant M/s Futuristic Diagnostic Imaging Centre Pvt Ltd; respondent ITO Ward 2(3)(4), Bangalore; appeal under Section 260-A, Income Tax Act 1961 against ITAT order dated 18/02/2022 in ITA No.259/Bang/2019, AY 2014-2015; appellant settled tax dispute under Direct Taxes Vivad Se Vishwas Scheme, 2024 (Finance (No.2) Act, 2024; Form 2 dated 30.01.2025); appeal disposed of as withdrawn with liberty to revive; costs made easy; no precedent cited; no monetary award.

What did the court decide?

Appeal disposed of as having been withdrawn, with liberty as sought (to revive the appeal in future if necessary); costs made easy. ¶¶40

M/S Futuristic Diagnostic Imaging Centre Pvt. Ltd. Vs the… — Income Tax | Karnataka HC (2025)

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NC: 2025:KHC:5117-DB ITA No. 448 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF FEBRUARY, 2025

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PRESENT

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT

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AND

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THE HON'BLE MR JUSTICE G BASAVARAJA

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INCOME TAX APPEAL NO. 448 OF 2022

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BETWEEN:

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M/S FUTURISTIC DIAGNOSTIC IMAGING CENTRE PVT LTD, REPRESENTED BY ITS DIRECTOR SRI.VINAY S N, S/O LATE NAGARAJ SARODE, AGED ABOUT 33 YEARS, NO.4, SAI PREMA,6^TH CROSS, N R COLONY, BANGALORE 560019.

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…APPELLANT

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(BY SRI. VENKATESH G., ADVOCATE)

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Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka

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AND:

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THE INCOME TAX OFFICER WARD 2(3)(4), BANGALORE, BMTC BUILDING, KORAMANGALA, 6^TH BLOCK, BANGALORE-560 095.

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…RESPONDENT

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(BY SRI.E.I. SANMATHI, ADVOCATE)

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THIS INCOME TAX APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 18/02/2022 PASSED IN ITA NO.259/BANG/2019, FOR THE ASSESSMENT YEAR 2014-2015, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS THEREIN TO THE

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NC: 2025:KHC:5117-DB ITA No. 448 of 2022

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EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL IN ITA NO.259/BANG/2019 DATED 18/02/2022 REFERRED TO AS ANNEXURE-A RELATING TO THE ASSESSMENT YEAR 20142015.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE G BASAVARAJA

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ORAL JUDGMENT

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(PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)

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Learned counsel for the appellant has filed a memo

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seeking leave of the Court to withdraw the appeal.

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2. Memo reads as under:

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"MEMO FOR WITHDRAWAL

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The advocate for the appellant humbly submits before this Hon'ble Court that he is under instruction from the above-named appellant to submit as follows:

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1. The appellant opted to avail the Direct Taxes Vivad Se Vishwas Scheme, 2024 in terms of the provisions of Finance (No.2) Act, 2024 and made an application in Form 1 to the designated authority. The same has been accepted by the designated authority by issuance of Form 2 dated 30.01.2025, copy of which is enclosed herewith as Annexure-A.

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NC: 2025:KHC:5117-DB ITA No. 448 of 2022

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2. In view of this, the appellant makes a humble prayer before this Hon'ble Court to withdraw the above appeal pending before this Hon'ble Court.

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Wherefore, it is most humbly prayed that this Hon'ble Court may be pleased to permit the appellant to withdraw the above appeal in the interest of justice and pass the necessary judicial order as deemed fit. The appellant also prays that liberty may be granted to the appellant to revive the appeal, if necessary, in future."

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3. Learned panel counsel has no objection for

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grant of leave.

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4. In view of the above, appeal is disposed off as

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having been withdrawn with liberty as sought for.

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Costs made easy.

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Sd/(KRISHNA S DIXIT) JUDGE