M/s. United Spirits Limited (Successor to SW Finance Co Limited earlier known as Shaw Wallace Breweries Limited Which Succeeded Shaw Wallace Financial Services Limited, Bangalore V. Joint Commissioner Of Income Tax, Special Range- 7, Bangalore

ITA 117/BANG/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0679 (ITAT-BANGALORE)
• Duration Of Justice: 10 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 21-12-2020
• Assessment Year: 2005-2006
• Appeal Filed On: 24-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R PREMI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES C BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOU NTANT MEMBER ITA NO. 11 7 /BANG/20 20 (ASSESSMENT YEAR: 20 0 5 - 06 ) M/S. UNITED SPIRITS LIMITED (SUCCESSO R TOSW FINANCE CO. LTD. EARLIER KNOWN AS SHAW WALLACE BREWERIES LTD. WHICH SUCCEEDS SHAW WALLACE FINANCIAL SERVICES LTD.) UB TOWER, 6 TH FLOOR, NO.24,VITTAL MALLYA ROAD, BANGALORE. .APPELLANT PAN AAFCS4451D VS. JT. COMMISSIONER OF INCOME TAX, SPECIAL RANGE 7,BANGALORE. RESPONDENT. ASSESSEE BY: SMT. SHREYA LOYALKA, C.A. REVENUE BY: SMT. R. PREM I, JCIT (D.R) DATE OF HEARING : 21.12 .20 20. DATE OF PRONOUNCEMENT : 21.12. 20 20. O R D E R PER SHRI CHANDRA POOJARI , A M : TH IS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE COMMISISONER OF INCOME TAX (APPEALS) - 10, BENGALURU DT.21.11.2019 FOR THE ASSESSMENT YEAR 2005 - 06. 2. AT THE TIME OF HEARING, THE LEARNED AUTHORISED REPRESENTATIVE SUBMITTED THAT THE ASSESSEE HAS OPTED TO FILE AN APPLICATION UNDER THE VIVAD SE VISHWAS ACT, 2020. ACCORDINGLY, LD. A R SUBMITTED THAT THE APPEAL MAY BE DISMISSED WITH THE 2 ITA NO. 117/BANG/2020 LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH LAW, IF THE ASSESSEE INTENDED TO DO SO. 3. ON THE OTHER HAND, THE LEARNED DEPARTMENTAL REPRESENTATIVE SUB MITTED THAT THE ASSESSEE HAS TO WITHDRAW THE PENDING APPEAL AFTER FILING THE FORM VSV1 AS PER VIVAD SE VISHWAS ACT, 2020. THEREAFTER THE ASSESSEE IS REQUIRED TO FURNISH A COPY OF THE SAME ALONG WITH THE PROOF OF PAYMENT OF TAX AS DETERMINED BY THE TAX OF FICIAL TO THE DEPARTMENT. LD. DR SUBMITTED THAT THE FORM NO.3 SHALL BE ISSUED TO THE ASSESSEE IN DUE COURSE AND ACCORDINGLY HE SUBMITTED THAT THE APPEAL OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN, AS THE ASSESSEE, IN ANY WAY, IS REQUIRED TO WITHDRAW TH E APPEAL. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS ACT, 2020, THE ASSESSEE WOULD BE MOVING APPLICATION FOR WITHDRAWING THE PRESENT APPEAL FILED BEFORE THE TRIBUNAL IN DUE COURSE. SINCE THE ASSESSEE HAS ALREADY FILED THE NECESSARY APPLICATIONS BEFORE THE TAX AUTHORITIES UNDER THE ABOVE SAID SCHEME, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PENDING. ACCORDINGLY, WE DISMISS THE APPEAL OF THE AS SESSEE AS WITHDRAWN. FURTHER THE ASSESSEE IS AT LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSEE INTENDS TO DO SO. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDR AWN. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/ - SD/ - ( N.V. VASUDEVAN ) ( CHANDRA POOJARI ) VICE PRESIDENT ACCOUNTANT MEMBER DATED: 21 .12. 20 20 . *REDDY GP 3 ITA NO. 117/BANG/2020 COPY TO 1. THE APPE LLANT 2. THE RESPONDENT 3. CIT (A) 4. PR. CIT 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE