V M Brijesh Urs , Mysore V. The Income TAx Officer Ward-2(2), Mysore

ITA 1341/BANG/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9221 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 3 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-08-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 22-07-2020
• Assessment Year: 2011-2012
• Appeal Filed On: 25-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRIYADARSHI MISRA
• Assessee Lawyers: N O N E

Judgement Text

ITA NO.1341/BANG/2018 V.M. BRIJESH URS, MYSURU IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI B.R. BASKARAN, ACCOUTANT MEMBER ITA NO.1341/BANG/2018 ASSESSMENT YEAR: 2011-12 V.M. BRIJESH URS APT.NO.303, BRIGADE ELITE-1 K.R.S. ROAD V.V. MOHALLA MYSURU-570002 PAN NO : AACPU4081B VS. THE ITO WARD-2(2) MYSURU APPELLANT RESPONDENT APPELLANT BY : N O N E RESPONDENT BY : SHRI PRIYADARSHI MISRA, D.R. DATE OF HEARING : 22.07.2020 DATE OF PRONOUNCEMENT : 12.08.2020 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 29-12-2017 PASSED BY LD CIT(A), MYSURU AND IT RELAT ES TO THE ASSESSMENT YEAR 2011-12. THE ASSESSEE IS AGGRIEVED BY THE DECISION OF LD CIT(A) IN CONFIRMING THE ASSESSMENT OF CAPIT AL GAINS IN THE HANDS OF THE ASSESSEE. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. H OWEVER, THE ASSESSEE HAS FURNISHED A LETTER DATED 20-07-2020, WHEREIN, I NTER ALIA, IT IS STATED AS UNDER:- 1. IN RESPECT OF DISPUTE IN APPEAL, THE APPELLA NT HAS OPTED TO FILE AN APPLICATION UNDER THE VIVAD SE VISHWAS A CT, 2020. ITA NO.1341/BANG/2018 V.M. BRIJESH URS, MYSURU PAGE 2 OF 3 2. ACCORDINGLY, THE APPELLANT HAS FILED FORM 1 & 2 UNDER THE SAID ACT ON 15-06-2020. COPY OF ACKNOWLEDGEMENT FO R HAVING FILED FORM 1 IS ENCLOSED. 3. UNDER SECTION 5(1) OF THE ACT, THE PENDING APP EAL IS DEEMED TO HAVE BEEN WITHDRAWN ON THE ISSUE OF FORM 3 BY TH E DESIGNATED AUTHORITY. 4. IN THE CASE OF THE APPELLANT, THE FORM 3 HAS NOT BEEN RECEIVED AND THE SAME IS AWAITED. 5. IN THE CIRCUMSTANCES, IT IS REQUEST THAT THE A PPEAL POSTED FOR HEARING ON 10-06-2020 MAY KINDLY BE ADJOURNED. ACCORDINGLY THE ASSESSEE HAS PRAYED FOR ADJOURNMENT OF THESE APPEALS. 3. THE LD D.R, HOWEVER, SUBMITTED THAT THE ASSES SEE HAS TO WITHDRAW THE PENDING APPEAL AFTER FILING FORM VSV1 AS PER VIVAD SE VISHWAS ACT, 2020. THEREAFTER, THE ASSESSEE IS REQ UIRED 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 SUBMITTE D 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 THE APPEAL. 4. WE HEARD THE PARTIES AND PERUSED THE RECORD. SINCE THE ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS SCHEME, 2020, THE AP PELLANT WOULD BE MOVING APPLICATION FOR WITHDRAWING THE PRESENT A PPEAL FILED BEFORE THE TRIBUNAL IN DUE COURSE. SINCE THE ASSESSEE HAS ALREADY FILED THE NECESSARY APPLICATIONS BEFORE THE TAX AUTHORITIES U NDER THE ABOVE SAID SCHEME, WE ARE OF THE VIEW THAT NO PURPOSE WIL L BE SERVED IN KEEPING THE APPEAL PENDING. ACCORDINGLY WE DISMIS S THE APPEAL OF THE ASSESSEE AS WITHDRAWN. 5. WE NOTICE THAT THE ASSESSEE, IN HIS APPLICA TION, HAS STATED THAT HE HAS NOT RECEIVED FORM NO.3, IN WHICH THE TAX AMO UNT TO BE PAID ITA NO.1341/BANG/2018 V.M. BRIJESH URS, MYSURU PAGE 3 OF 3 BY THE ASSESSEE SHALL BE INTIMATED BY THE DEPARTMEN T. HENCE THE ASSESSEE HAS SOUGHT ADJOURNMENT TILL THE TIME FORM NO.3 IS RECEIVED FROM THE DEPARTMENT, MEANING THEREBY, THE ASSESSEE WANTS TO MAKE SURE THAT THE TAX LIABILITY MENTIONED BY HIM IN FOR M NO.1 SHOULD GET CONFIRMED BY THE REVENUE. UNDER THESE SET OF FACTS, SINCE WE HAVE DISMISSED THE APPEAL, THE ASSESSEE IS GIVEN LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT O RDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSEE INTENDS TO DO SO. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE I S DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON 12-08-202 0 SD/- (N.V. VASUDEVAN ) VICE PRESIDENT SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 12 TH AUG, 2020. 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.