Appeal details
Counselvise Citation
[2020] 110 COUNSELVISE.COM (IT) 9239 (ITAT-BANGALORE)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 2 month(s) 19 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
13-08-2020
Appeal Filed By
Assessee
Order Result
Dismissed
Bench Allotted
B
Next Hearing Date
18-06-2020
Assessment Year
2015-2016
Appeal Filed On
24-05-2019
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI B R BASKARAN , ACCOUNTANT MEMBER IT A NO S . 1173 TO 1177/BANG/2019 ASSESSMENT YEAR : 2015 - 16 MR. VISHAL GUPTA PAN: ABPPG 1045M MRS. ASHA GUPTA PAN: AAZPG 0724A MRS. GITANJALI GUPTA PAN: AEWPG 3525N MR. VIKAS GUPTA PAN: AAZPG 0724A MRS. RASHI GUPTA PAN: AAUPG 9566H NO.920, 9 TH MAIN, 4 TH CROSS, MICO LAYOUT, BANGALO RE 560076 . VS. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 4(3)(1), BANGALORE. APPELL ANT RESPONDENT APPELLANT BY : SHRI RAJIV S. NULVI, CA RESPONDENT BY : SH RI PRIYADARSHI MISHRA, JT.C IT( DR)(ITAT ), BENGALURU. DATE OF HEARING : 18 .0 6 .2020 DATE OF PRONOUNCEMENT : 13 .0 8 .2020 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER ALL THE ASSESSEES HEREIN HAVE FILED APPEALS CHALLE NGING THE ORDER DATED 15-03-2019 PASSED BY LD CIT(A)-4, BENGALURU I N THEIR RESPECTIVE HANDS FOR ASSESSMENT YEAR 2015-16. THE ASSESSEE IS AGGRIEVED BY THE ITA NOS.1173 TO 1177/BANG/2019 PAGE 2 OF 3 DECISION OF LD CIT(A) IN CONFIRMING THE ADDITION M ADE BY THE AO BY REJECTING THE CLAIM OF LONG TERM CAPITAL GAINS DECL ARED ON SALE OF SHARES. 2. AT THE TIME OF HEARING, THE LD A.R SUBMITTED THA T ALL THESE ASSESSEES HAVE FILED APPLICATIONS UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 AND ARE WAITING FOR THE CERTIFICATE IN FORM NO.3 FR OM THE PR. CIT. ACCORDINGLY THE LD A.R SUBMITTED THAT THE MATTER MA Y BE KEPT PENDING. 3. THE LD D.R, HOWEVER, SUBMITTED THAT THESE ASSESS EES HAVE TO WITHDRAW THE PENDING APPEALS AFTER FILING FORM VSV1 AS PER VIVAD SE VISHWAS ACT, 2020. THEREAFTER, THE ASSESSEES ARE R EQUIRED TO FURNISH A COPY OF THE SAME ALONG WITH THE PROOF OF PAYMENT OF TAX AS DETERMINED BY THE TAX OFFICIAL TO THE DEPARTMENT. HE SUBMITTED T HAT THE FORM NO.3 SHALL BE ISSUED TO THE ASSESSEES IN DUE COURSE AND ACCORDING LY HE SUBMITTED THAT THE APPEALS OF THE ASSESSEE MAY BE DISMISSED AS WIT HDRAWN, AS THE ASSESSEES, IN ANY WAY, ARE REQUIRED TO WITHDRAW THE APPEAL. 4. WE HEARD THE PARTIES AND PERUSED THE RECORD. SI NCE THE ASSESSEES HEREIN HAVE OPTED FOR VIVAD SE VISHWAS SCHEME, 2020 , THE APPELLANTS WOULD BE MOVING APPLICATION FOR WITHDRAWING THE PRE SENT APPEALS FILED BY THEM BEFORE THE TRIBUNAL IN DUE COURSE. SINCE THE ASSESSEES HAVE ALREADY FILED THE NECESSARY APPLICATIONS BEFORE THE TAX AUT HORITIES UNDER THE ABOVE SAID SCHEME, WE ARE OF THE VIEW THAT NO PURPOSE WIL L BE SERVED IN KEEPING THESE APPEALS PENDING. ACCORDINGLY WE DISMISS THE APPEALS OF THE ASSESSEES AS WITHDRAWN. 5. THE LD A.R, HOWEVER, SUBMITTED THAT THE ASSESSEE S MAY BE GIVEN LIBERTY TO MOVE APPLICATION FOR RECALL OF THE ORDER , AS THE APPLICATIONS OF THESE ASSESSEES ARE YET TO BE ACCEPTED BY THE DEPAR TMENT. WE NOTICE THAT THE ASSESSEES HAVE STATED THAT THEY HAVE NOT RECEIV ED FORM NO.3, IN WHICH THE TAX AMOUNT TO BE PAID BY THE ASSESSEE SHALL BE INTIMATED BY THE ITA NOS.1173 TO 1177/BANG/2019 PAGE 3 OF 3 DEPARTMENT. HENCE, IT APPEARS THAT THE ASSESSEES W ANT TO MAKE SURE THAT THE TAX LIABILITY MENTIONED BY HIM IN FORM NO.1 SHO ULD GET CONFIRMED BY THE REVENUE. UNDER THESE SET OF FACTS, SINCE WE HAVE DI SMISSED THE APPEALS, THE ASSESSEES ARE GIVEN LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF TH E ASSESSEES INTEND TO DO SO. 6. IN THE RESULT, ALL THE APPEALS OF THE ASSESSEE A RE DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THIS 13 TH DAY OF AUGUST, 2020. SD/- SD/- ( N V VASUDEVAN ) ( B R BASKARAN ) VICE PRESIDENT ACCOUNTANT MEMBER BANGALORE, DATED, THE 13 TH AUGUST, 2020. / DESAI S MURTHY / COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. BY ORDER ASSISTANT REGISTRAR ITAT, BANGALORE.
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