M/s. Tristar Hotels Private Limited, Bangalore V. Deputy Commissioner Of Income Tax, Circle - 7(1)(1), Bangalore

ITA 1208/BANG/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1872 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 9 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 10-03-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 27-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MUZAFAR HUSSAIN BENGALURU
• Assessee Lawyers: S ANNAMALAI
• Section: 254(2)

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 ITA NO. 1208 /BANG/20 1 9 ASSESSMENT YEAR : 2011-12 M/S. TRISTAR HOTELS PVT. LIMITED, NO.1216, DOOPANAHALLI, 100 FT. ROAD, HAL 2 ND STAGE, INDIRANAGAR, BENGALURU 560 008. PAN : AABCT 3978 L VS. DCIT, CIRCLE 7(1)(1), BENGALURU. APPELLANT RESPONDENT ASSESSEE BY : SHRI. S. ANNAMALAI, ADVOCATE REVENUE BY : SHRI. MUZAFAR HUSSAIN, CIT(DR)(ITAT), BENGALURU. DATE OF HEARING : 08-03-2021 DATE OF PRONOUNCEMENT : 08-03-2021 O R D E R PER N. V. VASUDEVAN, VICE PRESIDENT: THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER DATED 18.03.2019 OF CIT(A)-7, BENGALURU, RELATING TO ASSESSMENT YEAR 2011-12. 2. THE LEARNED AR OF THE ASSESSEE ORALLY SUBMITTED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE IN THIS APPEAL UNDER THE DIRECT TAX VIVAD SE VISHWAS SCHEME, 2020, AND HAS REQUESTED FOR ADJOURNMENT OF THE APPEAL. 3. IN THE COURSE OF HEARING, IT WAS THE PROPOSITION PUT FORWARD BY THE BENCH THAT UNDER THESE FACTS, THE APPEAL OF THE ASSESSEE MAY BE DISMISSED AS ITA NO.1208/BANG/2019 PAGE 2 OF 2 WITHDRAWN AND LIBERTY MAY BE GRANTED TO THE ASSESSEE TO APPROACH THIS TRIBUNAL FOR RECALL OF THIS ORDER UNDER SECTION 254(2) OF THE ACT IN CASE THE ASSESSEE FINALLY OPTS OUT OF VIVAD SE VISHWAS SCHEME, 2020. IN REPLY, IT WAS SUBMITTED BY LEARNED AR OF THE ASSESSEE THAT IF THE LIBERTY IS GRANTED TO THE ASSESSEE, THEN WE HAVE NO OBJECTION ABOUT DISMISSAL OF THE APPEAL AS WITHDRAWN. 4. THE APPEAL IS ACCORDINGLY DISMISSED AS WITHDRAWN. THE ASSESSEE IS HOWEVER AT LIBERTY TO SEEK RECALL OF THIS ORDER IN CASE THE ASSESSEE IS NOT ABLE TO SETTLE THE DISPUTE UNDER THE SCHEME. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- SD/- BANGALORE, DATED: 08-03-2021. /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. ( B. R. BASKARAN ) (N. V. VASUDEVAN) ACCOUNTANT MEMBER VICE PRESIDENT