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Judgment
Krishna S Dixit, J
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.
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.
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.
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.
The Appellant humbly prays this Hon'ble Court to dispose the above Income Tax Appeal with liberty to revive, if occasion arises, in the interest of justice and equity.
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.
