DCIT, V. Sri. B.M. Farooku,

ITA 1024/BANG/2013

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 2005 (ITAT-BANGALORE)
• Duration Of Justice: 7 year(s) 8 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 21-06-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DILIP JUNIOR DEPT

Judgement Text

ITA NOS.941 TO 944/BANG/2013 ITA NOS.1020 TO 1024/BANG/2013 & CO NOS.15 & 16/BANG/2013 SRI B.M. FAROOKH, BANGALORE IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: BANGALORE BEFORE SHRI B. R. BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA NOS.941 TO 944/BANG/2013 ASSESSMENT YEAR: 2003-04, 2005-06, 2006-07 & 2007 -08 RESPECTIVELY SRI B.M. FAROOKH PROP: FOUR E F CONSTRUCTIONS NO.25/1, RESIDENCY ROAD BANGALORE PAN NO : AAEPF5253A VS. DEPUTY COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE-2(3) BANGALORE APPELLANT RESPONDENT ITA NOS.1020 TO 1024/BANG/2013 ASSESSMENT YEAR: 2005-06, 2006-07, 2006-07, 2007- 08 & 2008-09 RESPECTIVELY DEPUTY COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE-2(3) BANGALORE VS. SRI B.M. FAROOKH PROP: FOUR E F CONSTRUCTIONS NO.25/1, RESIDENCY ROAD BANGALORE APPELLANT RESPONDENT CO NOS.15 & 16/BANG/2014 (ARISING OUT OF ITA NOS.1021 & 1024/BANG/2013 ASSESSMENT YEAR: 2006-07 & 2008-09 SRI B.M. FAROOKH PROP: FOUR E F CONSTRUCTIONS NO.25/1, RESIDENCY ROAD BANGALORE VS. DEPUTY COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE-2(3) BANGALORE APPELLANT RESPONDENT ITA NOS.941 TO 944/BANG/2013 ITA NOS.1020 TO 1024/BANG/2013 & CO NOS.15 & 16/BANG/2013 SRI B.M. FAROOKH, BANGALORE PAGE 2 OF 4 ASSESSEE BY : SHRI PRANAV KRISHNA, A.R. REVENUE BY : SHRI DILIP, JUNIOR STANDING COUNSEL FOR DEPT. DATE OF HEARING : 23.02.2021 DATE OF PRONOUNCEMENT : 23.02.2021 O R D E R PER BENCH: THIS GROUP OF ELEVEN APPEALS CONSISTS OF (A) FOUR APPEALS AND TWO CROSS OBJECTIONS FILED BY THE ASSESSEE AND (B) FIVE APPEALS FILED BY THE REVENUE. ALL OF THEM ARE DIRECTED AGAINST THE ORDERS PASSED BY LD CIT(A), MYSORE FOR THE ASSESSMENT YEARS MENTIONE D IN THE CAPTION AGAINST THE RESPECTIVE ITA NUMBERS. 2. THE LD AUTHORISED REPRESENTATIVE OF THE ASS ESSEE HAS FURNISHED A LETTER STATING THAT THE ASSESSEE HAS OPTED TO SET TLE THE DISPUTES ARISING IN THESE APPEALS UNDER VIVAD SE VISHWAS ACT , 2020. IT IS STATED THAT THE ASSESSEE HAS FILED APPLICATIONS IN FORM 1 & 2 AND IS AWAITING FORM 3. ACCORDINGLY, THE ASSESSEE HAS SOU GHT ADJOURNMENT. 3. THE LD D.R SUBMITTED THAT THE BANGALORE BENC H OF TRIBUNAL IS DISMISSING THE APPEALS IN SUCH KIND OF CASES GIVING LIBERTY TO SEEK RECALL OF THE ORDER. THE LD D.R, FURTHER SUBMITTED THAT FIVE APPEALS HAVE BEEN FILED BY THE REVENUE AND HENCE, IF THE AP PEALS OF THE REVENUE ARE DISMISSED AND IF SOMETHING GOES WRONG W ITH THE APPLICATIONS FILED BY THE ASSESSEE FOR SETTLEMENT O F DISPUTES, THEN THE REVENUE SHOULD BE GIVEN LIBERTY TO FILE APPLICATION S SEEKING RECALL OF THE RELEVANT ORDER. THE LD D.R FURTHER SUBMITTED T HAT THE ASSESSEE SHOULD BE DIRECTED TO INTIMATE THE AO ABOUT THE RES ULTS OF THE APPLICATIONS FILED BY IT AND IF THEY DO NOT GO THRO UGH AS DESIRED BY THE ASSESSEE, THEN THE ASSESSEE SHOULD PERSUADE THE AO TO FILE NECESSARY ITA NOS.941 TO 944/BANG/2013 ITA NOS.1020 TO 1024/BANG/2013 & CO NOS.15 & 16/BANG/2013 SRI B.M. FAROOKH, BANGALORE PAGE 3 OF 4 APPLICATIONS SEEKING RECALL OF THIS ORDER WITHIN TH E STATUTORY TIME LIMIT PRESCRIBED UNDER THE ACT. 4. WE HEARD THE PARTIES AND PERUSED THE RECORD. SINCE THE ASSESSEE HAS ALREADY FILED APPLICATIONS UNDER VSVS ACT IN RE SPECT OF THE APPEALS UNDER CONSIDERATION, WE ARE OF THE VIEW THA T NO PURPOSE WOULD BE SERVED IN KEEPING THE APPEALS FILED BY BOT H THE ASSESSEE AND REVENUE PENDING, SINCE THE SAME HAS TO BE WITHDRAWN BY THEM ONCE THE DISPUTE IS SETTLED UNDER THE ABOVE SAID ACT. AC CORDINGLY, WE DISMISS ALL THE APPEALS UNDER CONSIDERATION. 5. HOWEVER, WE FIND MERIT IN THE SUBMISSIONS MAD E BY LD D.R. SINCE THE APPEALS FILED BY THE REVENUE ARE DISMISSE D BY US AT THE INSTANCE OF THE ASSESSEE, WE DIRECT THE ASSESSEE TO PERSUADE THE AO TO FILE NECESSARY APPLICATIONS FOR RECALL OF THIS O RDER IN ACCORDANCE WITH LAW WITHIN THE STATUTORY TIME PERIOD, IF SOMET HING GOES WRONG IN RESPECT OF APPLICATIONS FILED BY THE ASSESSEE UNDER VSVS ACT. 6. SINCE THE ASSESSEE HAS NOT RECEIVED FORM NO .3, WE GIVE LIBERTY TO THE ASSESSEE TO SEEK RECALL OF THE ORDER PASSED FOR ALL OR ANY OF THE APPEALS FILED BY HIM, IF SOMETHING GOES WRONG. 7. IN THE RESULT ALL THE APPEALS OF THE ASSESSE E AND REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 23 RD FEB, 2021 SD/- (BEENA PILLAI) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 23 RD FEB, 2021. VG/SPS ITA NOS.941 TO 944/BANG/2013 ITA NOS.1020 TO 1024/BANG/2013 & CO NOS.15 & 16/BANG/2013 SRI B.M. FAROOKH, BANGALORE PAGE 4 OF 4 COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASST. REGISTRAR, ITAT, BANGALORE.