Permasteelisa (India) Private Limited, Bangalore V. DCIT, Bangalore

ITA 1072/BANG/2016

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4612 (ITAT-BANGALORE)
• Duration Of Justice: 4 year(s) 4 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-10-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 14-10-2020
• Assessment Year: 2010-2011
• Appeal Filed On: 26-05-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MANJEET SINGH
• Assessee Lawyers: KEERTHI NARAYAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT AND SHRI. A. K. GARODIA , ACCOUNTANT MEMBER ITA NO. 1 0 7 1 & 1072 /BANG/201 6 ASSESSMENT YEARS : 2009 10 & 2010 11 M/S. PERMASTEELISA (INDIA) PVT. LTD., 110/3, LALBAGH CROSS ROAD, KRISHNAPPA LAYOUT, BANGALORE 560027. PAN : AACCP9769J VS. DCIT, CIRCLE 12 (2), BANGALORE. APPELLANT RESPONDENT ASSESSEE BY : S HR I. KEERTHI NARAYAN , C. A. REVENUE BY : SHR I. MANJEET SINGH , ADDL. CIT DR DATE OF HEARING : 14 . 1 0 .20 20 DATE OF PRONOUNCEMENT : 16 . 1 0 .20 20 O R D E R PER ARUN KUMAR GARODIA, A. M.: THESE TWO APPEALS ARE FILED BY THE ASSESSEE AND THE SAME ARE DIRECTED AGAINST THE ORDER OF CIT (A) 5, BENGALURU DATED 21.03.2016 FOR A. Y. 2009 10 AND DATED 23.03.2016 FOR A. Y. 2010 11. 2. IN COURSE OF HEARING, LEARNED AR OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE WANTS TO AVAIL BENEFIT OF VIVAD SE VISWAS ACT 2020 AND HAS REQUESTED FOR ADJOURNMENT OF THE HEARING OF THESE TWO APPEALS. AT THIS JUNCTURE, THE BENCH POINTED OUT THAT THIS BENCH IS TAKING A CONSISTENT VIEW THAT UNDER THESE FACTS, NO PURPOSE WILL BE SERVED BY KEEPING SUCH APPEALS PENDING AND THEREFORE, SUCH APPEALS ARE BEING DISMISSED AS WITHDRAWN AND LIBERTY IS BEING GRANTED TO THE ASSESSEE TO APPROACH THIS TRIBUNAL FOR RECALL OF THIS ORDER U/S 254 (2) OF I T ACT IN CASE THE ASSESSEE DOES NOT FINALLY OPT FOR THIS SCHEME ITA NO. 1071 & 1072/BANG/2016 PAGE 2 OF 2 OR OPTS OUT OF THAT SCHEME FOR ANY REASON OR THERE IS ANY PROBLEM UNDER THAT ACT. IN REPLY, LEARNED AR OF THE ASSESSEE SUBMITTED THAT IF SUCH LIBERTY IS GRANTED THEN HE HAS NO OBJECTION TO DISMISSAL OF THESE APPEALS AS WITHDRAWN WITH SUCH LIBERTY. 3. LEARNED DR OF THE REVENUE HAD NO OBJECTION ABOUT THIS PROPOSITION PUT FORWARD BY THE BENCH. HENCE, WE DISMISS THESE TWO APPEALS AS WITHDRAWN AND GRANT LIBERTY TO THE ASSESSEE TO APPROACH THIS TRIBUNAL FOR RECALL OF THIS ORDER U/S 254 (2) OF I T ACT IN CASE THE ASSESSEE AT SOME STAGE BEFORE COMPLETION OF THE FORMALITIES UNDER THAT ACT DECIDES TO OPT OUT OF THAT SCHEME UNDER VIVAD SE VISWAS ACT OR THERE IS ANY PROBLEM UNDER THAT ACT. 4. IN THE RESULT, BOTH THESE APPEALS OF THE ASSESSEE ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- SD/- SD/- SD/- (N. V. VASUDEVAN) (A.K. GARODIA) VICE PRESIDENT ACCOUNTANT MEMBER BANGALORE. DATED: 16.10.2020. /NS/* COPY TO: 1. APPELLANTS 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.