M/s Jaico Automobile Engineering Company Pvt. Ltd., Bangalore V. DCIT, Bangalore

ITA 1253/BANG/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1967 (ITAT-BANGALORE)
• Duration Of Justice: 4 year(s) 8 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 03-03-2021
• Assessment Year: 2006-2007
• Appeal Filed On: 22-06-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: SHEETHAL

Judgement Text

ITA NOS.1253&1254/BANG/2016 M/S. JAICO AUTOMOBILE ENGINEERING COMPANY PVT. LTD. BANGALORE IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER ITA NOS.1253&1254/BANG/2016 ASSESSMENT YEARS: 2006-07 & 2011-12 M/S. JAICO AUTOMOBILE ENGINEERING CO. PVT. LTD. 9/10, II STAGE, D.K. INDUSTRIAL AREA MAHADEVAPURA BANGALORE-560 048. PAN NO : AAACJ5640E VS. DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-11(5) BENGALURU APPELLANT RESPONDENT APPELLANT BY : SMT. SHEETHAL, A.R. RESPONDENT BY : SHRI SUNIL KUMAR AGARWAL, D.R. DATE OF HEARING : 03.03.2021 DATE OF PRONOUNCEMENT : 03.03.2021 O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: THESE APPEALS AT THE INSTANCE OF THE ASSESSEE ARE D IRECTED AGAINST CIT(A)S ORDERS DATED 31.3.2016. THE RELEVA NT ASSESSMENT YEARS ARE 2006-07 & 2011-12. 2. AT THE TIME OF HEARING BEFORE ME, THE LEARNED CO UNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE ASSESSEE HAS OPTED FOR FILING THE APPLICATIONS UNDER DIRECT TAX VIVAD SE VISHWAS ACT, FOR SETTLEMENT OF THE DISPUTE, AND ACCORDINGLY, HE PRAYED THAT THE APPEALS MAY BE ADJOURNED. ITA NOS.1253&1254/BANG/2016 M/S. JAICO AUTOMOBILE ENGINEERING COMPANY PVT. LTD. BANGALORE PAGE 2 OF 3 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE, HOWEVER , SUBMITTED THAT THE ASSESSEE HAS TO WITHDRAW THE PENDING APPEA LS AFTER FILING FORM VSV1 AS PER VIVAD SE VISHWAS ACT, 2020. THEREA FTER, 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 TO THE DEPARTMENT. HE SUBMITTED THAT FORM NO.3 SHALL BE IS SUED TO THE ASSESSEE IN DUE COURSE AND ACCORDINGLY HE SUBMITTED THAT THE APPEALS OF THE ASSESSEE MAY BE DISMISSED AS WITHDRA WN, AS THE ASSESSEE IN ANY CASE IS REQUIRED TO WITHDRAW THE AP PEALS. THE LEARNED DR FURTHER SUBMITTED THAT IN THESE TYPES OF CASES, THE TRIBUNAL IS GIVING LIBERTY TO SEEK RECALL OF THE ORDER, IF THE APPEALS ARE DISMISSED BY THE BENCH. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIALS ON RECORD. THE SUBMISSIONS MADE BY THE LE ARNED DR IS CONSIDERED. SINCE THE ASSESSEE HAS OPTED FOR FILING THE APPLICATIONS UNDER DIRECT TAX VIVAD SE VISHWAS ACT FOR SETTLEMEN T OF THE DISPUTE, THE ASSESSEE WOULD BE MOVING APPLICATIONS FOR WITHD RAWING THE PRESENT APPEALS FILED BEFORE THE TRIBUNAL IN DUE CO URSE. HENCE, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN K EEPING THESE APPEALS PENDING. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. SINCE WE HAVE DISMISSED THE APPEALS, THE ASSESSEE IS ITA NOS.1253&1254/BANG/2016 M/S. JAICO AUTOMOBILE ENGINEERING COMPANY PVT. LTD. BANGALORE PAGE 3 OF 3 AT LIBERTY TO MOVE APPROPRIATE APPLICATIONS FOR REC ALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSEE I NTENDS TO DO SO. 5. IN THE RESULT, THE APPEALS FILED BY THE ASSESSEE ARE DISMISSED, AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 3 RD MAR, 2021. SD/- (N.V. VASUDEVAN ) VICE PRESIDENT SD/- (CHANDRA POOJARI) ACCOUNTANT MEMBER BANGALORE, DATED 3 RD MAR, 2021. VG/SPS COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASST. REGISTRAR, ITAT, BANGALORE.