SMT VEENA R NAMBYAR v. THE DEPUTY DIRECTOR OF INCOME TAX
ITA/482/2018 · 2025-01-20
G Basavaraja, Krishna S Dixit
body2025
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[ 2025 DAILYLAW 30413 (KAR) · dailylaw.ai ]
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[ 2025 DAILYLAW 30413 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:2070-DB ITA No. 482 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE G BASAVARAJA INCOME TAX APPEAL NO. 482 OF 2018 BETWEEN:
SMT. VEENA R NAMBYAR, NOW R/AT # E-901, MANTRI ESPANA, DEVARABISANAHALLI, BELLANDUR POST, BANGALORE-560 103, PAN:AAUPN1488M …APPELLANT (BY SRI. M. LAVA, ADVOCATE)
AND:
THE DEPUTY DIRECTOR OF INCOME TAX, (INTL. TAXATION), CIRCLE-1(1), BMTC BUILDING, 80 FEET ROAD, 6TH BLOCK, KORAMANGALA, BANGALORE-560 095. …RESPONDENT (BY SRI. RAVI RAJ Y.V., AND SRI. DILIP M., ADVOCATES)
THIS ITA / INCOME TAX APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF
ORDER DATED 02.03.2018 PASSED IN IT(IT)A NO.
12/BANG/2014, FOR THE ASSESSMENT YEAR 2009-2010, [VIDE ANNEXURE-A], PRAYING TO (A) TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE G BASAVARAJA
Digitally signed by NANDINI D Location: High Court of Karnataka
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NC: 2025:KHC:2070-DB ITA No. 482 of 2018
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)
Learned counsel for the appellant has moved a memo dated 20.01.2025, seeking leave of the Court to treat the appeal as having become infructuous.
2. The memo reads as under:
"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 2009-10 against the order of the Tribunal in IT(IT)A No.12/Bang/2014 dated 02.03.2018 to the extent held against the Appellant.
2. The assessment in the hands of the appellant was made on a protective basis subject to the final outcome in the case of appellant's husband, Shri. Raghuram P. Nambyar. Shri. Raghuram P. Nambyar has settled the issues involved in his appeal under the Direct Tax Vivad Se Vishwas Act,
2020.
3. Since the issues in the hands of the Shri. Raghuram Nambyar has been settled under the Direct Tax Vivad Se Vishwas Act, 2020, the appellant's appeal, which is made on a protective basis, has been rendered academic.
4. The Appellant humbly prays this Hon'ble Court to dispose the above Income Tax
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NC: 2025:KHC:2070-DB ITA No. 482 of 2018
Appeal with liberty to revive, if occasion arises, in the interest of justice and equity.
5. The Appellant prays the Hon'ble Court to pass such orders as this Hon'ble Court may deem fit on the facts and circumstances of the case."
On being asked, the panel counsel appearing for the respondent-Revenue signifies no objections.
In view of the above, the appeal is accordingly
disposed of.
Sd/- (KRISHNA S DIXIT) JUDGE
Sd/- (G BASAVARAJA) JUDGE
RD