IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 18TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE ASHOK S. KINAGI INCOME TAX APPEAL NO.418 OF 2018 BETWEEN:
1. THE COMMISSIONER OF INCOME-TAX 5TH FLOOR, BMTC BUILDING 80 FEET ROAD, KORAMANGALA BENGALURU-560 095.
2. THE ASSISTANT COMMISSIONER OF INCOME-TAX CIRCLE-2(1)(2) 2ND FLOOR, BMTC BUILDING 80 FEET ROAD, KORMANGALA BENGALURU-560 095.
...APPELLANTS (BY SRI: JEEVAN J. NEERALGI, ADVOCATE FOR SRI:K.V. ARAVIND, ADVOCATE) AND:
M/S. EPSON INDIA PRIVATE LIMITED 12TH FLOOR, THE MILLENIA TOWER A NO.1, MURPHY ROAD, ULSOOR BENGALURU-560 008.
…RESPONDENT (BY SMT: TANMAYEE RAJKUMAR, ADVOCATE FOR SRI: T. SURYANARAYANA, ADVOCATE) THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 06.03.2018 PASSED IN MP NO.19/BANG/2018 (IN IT(TP)A NO.293/BANG/2017), FOR THE ASSESSMENT YEAR 2012-2013, PRAYING THIS HON'BLE COURT TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE; ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU IN M.P.NO.19/BANG/2018 (IN IT(TP)A NO.293/BANG/2017), DATED 06.03.2018 CONFIRMING THE ORDER OF THE DRP AND CONFIRM THE ORDER PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(2), BENGALURU.
***** THIS INCOME TAX APPEAL COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT A memo is filed by the appellants’ Counsel seeking to withdraw the appeal with a liberty to challenge the impugned order by filing the writ petition.
In terms of the said memo, the appeal is dismissed as withdrawn. The liberty as sought for is granted.
Sd/- Sd/-
JUDGE JUDGE *bgn/-