Sri. H.K.Praveez, Mangalore V. Deputy Commissioner of Income-tax, Bangalore

CO 34/BANG/2016

• Counselvise Citation: [NaN] 107 COUNSELVISE.COM (IT) 2102 (ITAT-BANGALORE)
• Duration Of Justice: 5 year(s) 6 month(s) 21 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 03-02-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 12-07-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 144; 10; 90; 154; 2; 11; 15; 271(1)(b); 139; 92

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES “C”, BANGALORE Before Shri George George K, JM & Ms.Padmavathy S, AM CO No.34/Bang/2016 : Asst.Year 2005-2006 (Arising out of ITA No.1128/Bang/2013) Sri.H.K.Parveez Prop :H.K.Trading & Transport Sharique Cottage, 2 nd Block Katipalia, Mangalore – 575 030. PAN : AJQPP2642G. v. The Deputy Commissioner of Income-tax, Central Circle 2(3) Bangalore (Cross Objector) (Respondent) Cross Objector by : Sri.V.Narendra Sharma, Advocate Respondent by : Sri.Dilip, Standing Counsel Date of Hearing : 03.02.2022 Date of Pronouncement : 03.02.2022 O R D E R Per George George K, JM This Cross Objection at the instance of the assessee arises out of Revenue’s appeal in ITA No.1128/Bang.2013. The relevant assessment year is 2005-2006. 2. At the time of hearing before us, the learned AR placed a letter dated 03.02.2022 stating therein the factual matrix of the case. The contents of the letter read as follows :- “Sub: Clarifications in respect of CO 34/Bang/2016 for abatement of cross objection in the case of Sri HK Parveez for AY 2005-06 In relation to the above-mentioned subject, we wish to humbly submit before your Honours that the disputed additions in the hands of the cross objectioner were made protectively as against on a substantive basis in the hands of M/s Fiza Developers & Inter Trade Pvt Ltd & Sri BM Farook, who have filed Form 1 & 2 under Vivad se Vishwas Scheme on 26.01.2021 in ITA No.87/BANG/2013 [Assessee Appeal] ITA No. 250/BANG/2013 [Dept. Appeal] and ITA 942/BANG/ 2013 [Assessee Appeal] ITA 1020/BANG/2013 [Dept. Appeal] respectively. CO No.34/Bang/2016 Sri.H.K.Parveez. 2 In respect of the above-mentioned appeals, M/s Fiza Developers & Inter Trade Pvt Ltd & Sri BM Farook have paid the amount determined under the VsV Scheme and Form 5 have been issued, a copy of which is enclosed herewith and marked as Annexure-A. It is further submitted that the department appeal in the case of Sri HK Parveez in ITA No. 1128/BANG/2013 has already been disposed by this Hon'ble Tribunal account of the factual matrix elucidated above. Wherefore, it is submitted that the impugned cross objection in the case of Sri HK Parveez in CO 34/Bang/2016 has abated and it is humbly prayed that the same be disposed accordingly.” 2.1 The learned AR further submitted that the assessee has already settled the issue under the provisions of Direct Tax Vivad Se Vishwas Act, 2020 and prayed that the cross objection may be treated as infructuous. The learned DR was duly heard. 3. We have heard rival submissions and perused material on record. In view of the submission made by the assessee in his letter dated 03.02.2022 and since the Revenue’s appeal has already been disposed of by the Tribunal, the cross objection filed by the assessee becomes infructuous. Accordingly, the cross objection is dismissed as infructuous. 4. In the result, the cross objection filed by the assessee is dismissed as infructuous. Order pronounced on this 03 rd day of February, 2022. Sd/- (Padmavathy S) Sd/- (George George K) ACCOUNTANT MEMBER JUDICIAL MEMBER Bangalore; Dated : 03 rd February, 2022. Devadas G* CO No.34/Bang/2016 Sri.H.K.Parveez. 3 Copy to : 1. The Appellant. 2. The Respondent. 3. The CIT(A) Mysore 4. The CIT (Central), Bangalore. 5. The DR, ITAT, Bengaluru. 6. Guard File. Asst.Registrar/ITAT, Bangalore