M/s. Tristar Hotels Private Limited, Bangalore V. Deputy commissioner of Income Tax, circle-7(1)(1), Bangalore

ITA 1123/BANG/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1889 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 9 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 23-03-2021
• Assessment Year: 2010-2011
• Appeal Filed On: 20-05-2019
• Result in Favour of: Revenue
• 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.1123 & 1124/BANG/2019 ASSESSMENT YEAR : 2010-11, 2014-15 M/S TRISTAR HOTELS PVT. LTD., NO.1216, HAL 2 ND STAGE, 100 FEET ROAD, INDIRANAGAR, BENGALURU-560 008. PAN AABCT 3978 L VS. THE DY. COMMISSIONER OF INCOME-TAX, BANGALORE-7(1)(1) BENGALURU. APPELLANT RESPONDENT ASSESSEE BY : SHRI PRANAV KRISHNA, ADVOCATE REVENUE BY : MS. NEERA MALHOTRA, CIT (DR) DATE OF HEARING : 08-03-2021 DATE OF PRONOUNCEMENT : 08-03-2021 ORDER PER BENCH : PRESENT APPEAL BY THE ASSESSEE HAS BEEN FILED BY AS SESSEE AGAINST ORDER DATED 12/03/2019 AND 18/03/2019 PASSE D BY CIT(A)-7, BENGALURU RESPECTIVELY FOR ASSESSMENT YEA RS 2010-11 & 2014-15. 2. THE ASSESSEE HAS FILED A LETTER STATING THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE IN ITS APPEAL UNDER DIR ECT TAXES VIVAD SE VISHWAS ACT, 2020. IT IS FURTHER STATED THAT TH E ASSESSEE HAS PAGE 2 OF 3 ITA NOS.1123 & 1124/BANG/2019 FILED FORM NO.1 & 2 AND ALSO RECEIVED FORM NO. 3 FO R THE APPEAL FILED BY THE ASSESSEE AND IT HAS ALSO RECEIVED FORM NO.3. ACCORDINGLY IT IS SUBMITTED THAT APPEAL OF THE ASSE SSEE MAY BE DISMISSED AS WITHDRAWN. 3. WE HEARD LD D.R, WHO DID NOT OBJECT TO THE PR AYER OF THE ASSESSEE. SINCE THE ISSUES CONTESTED IN THE APPEAL OF THE ASSESSEE HAVE BEEN SETTLED UNDER THE DIRECT TAXES V IVAD SE VISHWAS ACT, 2010, WE DISMISS THE APPEAL OF THE ASS ESSEE AS WITHDRAWN. HOWEVER, WE GIVE LIBERTY TO THE ASSESSE E TO SEEK RECALL OF THIS ORDER IN ACCORDANCE WITH LAW, IF THE CIRCUMSTANCES SO WARRANT. 4. IN THE RESULT, THE APPEALS OF THE ASSESSEE A RE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH MARCH, 2021 SD/- SD/- (CHANDRA POOJARI) (BEENA PILLAI) ACCOUNTANT MEMBER JUDICIAL ME MBER BANGALORE, DATED, THE 8 TH MARCH, 2021. /VMS/ 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 3 OF 3 ITA NOS.1123 & 1124/BANG/2019 DATE INITIAL 1. DRAFT DICTATED ON ON DRAGON SR.PS 2. DRAFT PLACED BEFORE AUTHOR -3-2021 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER -3-2021 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. -3-2021 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS -3-2021 SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON -3-2021 SR.PS 7. DATE OF UPLOADING THE ORDER ON WEBSITE -3-2021 SR.PS 8. IF NOT UPLOADED, FURNISH THE REASON -- SR.PS 9. FILE SENT TO THE BENCH CLERK -3-2021 SR.PS 10. DATE ON WHICH FILE GOES TO THE AR 11. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 12. DATE OF DISPATCH OF ORDER. 13. DRAFT DICTATION SHEETS ARE ATTACHED NO SR.PS