M/s Jain Farms Private Ltd., Bangalore V. ITO, Bangalore

ITA 1010/BANG/2016

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1692 (ITAT-BANGALORE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 26-07-2017
• Assessment Year: 2007-2008
• Appeal Filed On: 17-05-2016
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI CHANDRA POOJARI , ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA NO.1009 & 1021/BANG/2016 ASSESSMENT YEAR : 2006 07 & 2011 - 12 M/S JAIN FARMS PVT. LTD., NO.59/1, NAKODA ARCADE, 3 RD FLOOR, DVG ROAD, BASAVANGUDI, BENGALURU-560 102. PAN AAACJ 4238 L VS. THE INCOME TAX OFFICER, WARD-11(2), BENGALURU. APPELLANT RESPONDENT APPELLANT BY : SMT. SUMAN LUNKAR, C.A RESPONDENT BY : SHRI KANNAN NARAYAN, JCIT (DR) DATE OF HEARING : 08-12-2020 DATE OF PRONOUNCEMENT : 08-12-2020 ORDER PER BENCH : PRESENT APPEALS HAVE BEEN FILED BY ASSESSEE AGAINST ORDER DATED 29/2/2016 PASSED BY LD.CIT(A)-4, FOR ASSESSM ENT YEARS 2006-07 TO 2011-12. 2. LD.AR VIDE LETTER DATED 7/12/2020 SUBMITTED THAT ASSESSEE HAS DECIDED TO GO IN FOR VSVS 2020. HOWEVER IN THE SAID LETTER ASSESSEE SOUGHT FOR ADJOURNMENT SINCE ASSESSEE WAS CONTEMPLATING TO AVAIL THE BENEFIT OF THE ACT. COPY OF THE SAME IS SCANNED AND REPRODUCED HEREWITH AS UNDER:- PAGE 2 OF 5 ITA NO.1009 TO 1021/BANG/2016 PAGE 3 OF 5 ITA NO.1009 TO 1021/BANG/2016 3 . LD.AR SUBMITTED THAT AFTER PASSING OF ORDER BY LD .CIT(A) OGE IS AWAITED FROM LD.AO AND THAT, SUBJECT TO OGE, ASSESE E WOULD BE FILING FORM 1 & 2. 4. LD.SR.DR SUBMITTED THAT THE APPEALS MAY BE DISMI SS AS NO PURPOSE WILL BE SERVED BY KEEPING THE APPEALS PENDING. 5. WE HAVE PERUSED SUBMISSIONS ADVANCES BY BOTH SID ES IN LIGHT OF RECORDS PLACED BEFORE US. 6. AS ASSESSEE HAS SOUGHT FOR VSVS- SCHEME 2020, AN D NO PURPOSE WILL BE SERVED IN KEEPING THESE APPEALS PENDING. HOWEV ER CONSIDERING THE FACT, THAT FORM 1 & 2 HAS NOT YET BEEN FILED AS ASSESSEE IS AWAITING THE OGE TO ORDER PASSED BY LD.CIT(A), WE DIRECT LD.DR TO TAKE NECESSARY STEPS IN THIS REGARD. CONSIDERING THE FACT THAT ASSESSEE WOULD B E FILING FORM 1 & 2, WITH DUE ASSISTANCE FROM REVENUE. WE DISMISS THE PRESEN T APPEALS AS WITHDRAWN. HOWEVER, LIBERTY IS GRANTED TO MOVE APPR OPRIATE APPLICATION FOR RECALL OF THIS ORDER, IN THE EVENT, ASSESSEE OPTS O UT OF THE SCHEME OR SOMETHING GOES WRONG AND SITUATION SO WARRANTS OR F ORM 1 FILED BY ASSESEE IS NOT ACCEPTED. ACCORDINGLY, ASSESSEES APPEALS FOR YEAR UNDER CONS IDERATION ARE ALLOWED TO BE WITHDRAWN WITH LIBERTY. IN THE RESULT, ASSESSEES APPEALS ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH DEC, 2020 SD/- SD/- (CHANDRA POOJARI) (BEENA PILLAI) ACCOUNTANT MEMBER JUDICIAL ME MBER BANGALORE, DATED, THE 8 TH DEC, 2020. /VMS/ PAGE 4 OF 5 ITA NO.1009 TO 1021/BANG/2016 COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE PAGE 5 OF 5 ITA NO.1009 TO 1021/BANG/2016 DATE INITIAL 1. DRAFT DICTATED ON ON DRAGON SR.PS 2. DRAFT PLACED BEFORE AUTHOR -12-2020 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER -12-2020 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. -12-2020 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS -12-2020 SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON -12-2020 SR.PS 7. SIGNED ORDER COMES BACK TO SR.PS/PS -12-2020 SR.PS 8. DATE OF UPLOADING THE ORDER ON WEBSITE -12-2020 SR.PS 9. IF NOT UPLOADED, FURNISH THE REASON -- SR.PS 10. FILE SENT TO THE BENCH CLERK -12-2020 SR.PS 11. DATE ON WHICH FILE GOES TO THE AR 12. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 13. DATE OF DISPATCH OF ORDER. 14. DRAFT DICTATION SHEETS ARE ATTACHED NO SR.PS