- 1 - HC-KAR NC: 2025:KHC:28217 WP No. 6184 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.6184 OF 2022 (T-IT) BETWEEN: 1. VISHAL ENTERPRISES A PARTNERSHIP FIRM CONSTITUTED UNDER THE PARTNERSHIP ACT, 1932 NO.539, ASHWINI COMPLEX CMH ROAD INDIRANAGAR BANGALORE - 560 034 REPRESENTED HEREIN BY ITS PARTNER MR. VINAY E LAD. …PETITIONER (BY SRI. TANMAYEE RAJKUMAR, ADVOCATE) AND: 1. ADDITIONAL/JOINT /DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX/ INCOME-TAX OFFICER NATIONAL E-ASSESSMENT CENTRE ROOM NO.401, 2ND FLOOR, E-RAMP, JAWAHARLAL NEHRU STADIUM DELHI - 110 003. 2. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE - 4(3)(1) BMTC BUILDING Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28217 WP No. 6184 of 2022 80 FEET ROAD, KORAMANGALA BENGALURU - 560 095. 3. THE PRINCIPAL COMMISSIONER OF INCOME TAX BMTC BUILDING 80 FEET ROAD, KORAMANGALA BENGALURU - 560 095. …RESPONDENTS (BY SRI. SUSHAL TIWARI N., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT PROCEEDINGS INITIATED UNDER SECTION 147 OF THE ACT PRIOR TO ITS SUBSTITUTION VIDE FINANCE ACT, 2021 AND PENDING AS ON 31.03.2021 CANNOT BE CONTINUED PURSUANT TO COMING INTO EFFECT OF THE SUBSTITUTED SECTION 147 OF THE ACT FROM 01.04.2021, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs:- "The Petitioner, therefore, prays that this Hon'ble Court be pleased to issue a writ, order or direction: - 3 - HC-KAR NC: 2025:KHC:28217 WP No. 6184 of 2022 (a) Declaring that proceedings initiated under Section 147 of the Act prior to its substitution vide Finance Act 2021 and pending as on 31.03.2021 cannot be continued pursuant to coming into effect of the substituted Section 147 of the Act from 01.04.2021; (b) Quashing the notice dated 27.03.2021 bearing No.ITBA/AST/S/148/2020-21/1031832268(1) issued by the 2nd Respondent (Annexure-A) under Section 148 of the Act for the assessment year 2017-18; (c) pass such other or further orders as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interests of justice and equity." 2. A memo dated 15.02.2025 has been filed, signed by the counsel for the petitioner which reads as under:- "The Advocate for the Petitioner submits that the above petition was filed challenging the legality and validity of the re-assessment proceedings initiated by the 2nd Respondent under Section 147 of the Income-tax Act, 1961 for the assessment year 2017-18 vide notice - 4 - HC-KAR NC: 2025:KHC:28217 WP No. 6184 of 2022 dated 27.03.2021 and the consequential orders and notices. It is submitted that the Petitioner wishes to resolve the dispute under the provisions of the Direct Tax Vivad Se Vishwas Scheme, 2024 ("the Scheme") and in this regard has filed the relevant declaration. Pursuant to the declaration filed by the Petitioner, the Income- tax Department has issued Form-2 under the Finance (No.2) Act, 2024. A true copy of the Form-2 is produced herewith and marked as Annexure - A. In view of the above, and in terms of Section 91(3) of the Finance (No.2) Act, 2024, the Petitioner most humbly seeks leave of this Hon'ble Court to withdraw the petition. It is prayed that liberty may be reserved with the Petitioner to seek restoration of the petition, in the event that the application under the Scheme does not proceed or is not finalized successfully. Wherefore, it is most humbly prayed that this Hon'ble Court may be pleased to permit the Petitioner to withdraw above petitioner, in the interests of justice and equity." - 5 - HC-KAR NC: 2025:KHC:28217 WP No. 6184 of 2022 3. Accepting the said memo, the petition is dismissed as withdrawn reserving liberty to the petitioner to avail the Direct Tax Vivad Se Vishwas Scheme, 2024. SD/- (SURAJ GOVINDARAJ) JUDGE VMB List No.: 1 Sl No.: 2