Deputy Commissioner Of Income Tax, Circle- 6(1)(2), Bangalore V. M/s. SSRB Food Processing Private Limited, Bangalore

ITA 1329/BANG/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7585 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 7 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 16-12-2020
• Assessment Year: 2014-2015
• Appeal Filed On: 07-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MUZAFFAR HUSSAIN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH B : BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI , JUDICIAL MEMBER ITA NO. 1329 /BANG/201 9 (ASSESSMENT YEAR: 20 14 - 15 ) DY. COMMISSIONER OF INCOME TAX, CIRCLE 6(1)( 2), BANGALORE. .APPELLANT . VS. M/S. SSRB FOOD PROCESSING PVT. LTD. , 895, 9 TH CROSS, 18 TH MAIN, INDIRA NAGAR, 3 RD STAGE, BANGALORE - 560 043 RESPONDENT. PAN AAHCS 5837M A PPELLANT BY: SHRI MUZAFFAR HUSSAIN, CIT (D.R) RESPONDENT BY: SMT. LALITHA RAMESWARAN, C.A. DATE OF HEARING : 21.01.20 2 1 . DATE OF PRONOUNCEMENT : 21.01.20 2 1 . O R D E R PER SHRI CHANDRA POOJARI, A .M. : TH IS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 14, BANGALORE DT.26.03.2019 FOR THE ASSESSMENT YEAR 2014 - 15. 2. AT THE OUTSET, THE LEARNED AUTHORISED REPRESENTATIVE SUBMITTED VIDE LETT ER DT.14.01.2021 THAT THE ASSESSEE HAS OPTED TO FILE AN APPLICATION UNDER THE VIVAD SE 2 ITA NO. 1329/BANG/2019 VISHWAS ACT, 2020. ACCORDINGLY, LD. AR SUBMITTED THAT THE REVENUES APPEAL MAY BE DISMISSED WITH THE LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH LAW, IF THE DEPARTMENT INTENDED TO DO SO. 3. ON THE OTHER HAND, THE LEARNED DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE ASSESSEE COULD INITIATE TO WITHDRAW THE PENDING APPEAL AFTER FILING THE FORM VSV1 AS PER VIVAD SE VIS HWAS 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 OFFICIAL TO THE DEPARTMENT. LD. DR SUBMITTED THAT THE FORM NO.3 SHALL BE ISSUED TO THE ASSESSEE IN DUE COURS E AND ACCORDINGLY HE SUBMITTED THAT THE APPEAL OF THE REVENUE MAY BE DISMISSED AS WITHDRAWN, IF THE ASSESSEE COMPLY THE REQUIREMENT. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE OPTED FOR VIVAD SE VISHWAS ACT, 2020, TO SETTLE THE DISPUTE ON THE ISSUE INVOLVED IN THIS APPEAL. WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PENDING. ACCORDINGLY, WE DISMISS THE APPEAL OF THE REVENUE AS WITHDRAWN. FURTHER THE DEPARTMENT IS AT LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF THE REVENUE INTENDS TO DO SO. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONE D ON THE CAPTION PAGE. SD/ - SD/ - ( SMT. BEENA PILLAI ) ( CHANDRA POOJARI ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 21.01. 20 2 1 . *REDDY GP 3 ITA NO. 1329/BANG/2019 COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT (A) 4. PR. CIT 5. DR, ITAT , BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR I NCOME - TAX APPELLATE TRIBUNAL BANGALORE