Shri M R Narasimha Murthy (HUF) , Bangalore V. Deputy Commissioner of Income Tax Central Circle-2(2), Bangalore

ITA 1408/BANG/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7452 (ITAT-BANGALORE)
• Duration Of Justice: 3 year(s) 3 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 19-08-2021
• Assessment Year: 2012-2013
• Appeal Filed On: 02-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NEERA MALHOTRA CIT DR PAGE OF
• Assessee Lawyers: RAVISHANKAR S V

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA NO.1408/BANG/2018 ASSESSMENT YEAR : 2012-13 SHRI MR NARASIMHA MURTHY (HUF) (PARTITIONED), NO.155/42, SAROJA NILAYA, 6 TH CROSS, BAPUJI LAYOUT, VIJAYANAGAR, BENGALURU. PAN AADHM 6962 N VS. THE DY. COMMISSIONER OF INCOME-TAX (DCIT), CENTRAL CIRCLE-2(2), BENGALURU. APPELLANT RESPONDENT ITA NO.1448/BANG/2018 ASSESSMENT YEAR : 2012-13 THE ASST. COMMISSIONER OF INCOME-TAX (DCIT), CENTRAL CIRCLE-2(2), BENGALURU. VS. SHRI MR NARASIMHA MURTHY (HUF), NO.155/42, SAROJA NILAYA, 6 TH CROSS, BAPUJI LAYOUT, VIJAYANAGAR, BENGALURU. PAN AADHM 6962 N APPELLANT RESPONDENT ASSESSEE BY : SHRI RAVISHANKAR S.V, ADVOCATE REVENUE BY : SHRI NEERA MALHOTRA, CIT (DR) PAGE 2 OF 5 ITA NO.1408 & 1448/BANG/2018 DATE OF HEARING : 19-08-2021 DATE OF PRONOUNCEMENT : 24-08-2021 ORDER PER BEENA PILLAI, JUDICIAL MEMBER PRESENT CROSS APPEALS HAVE BEEN FILED BY ASSE SSEE AS WELL AS REVENUE AGAINST ORDER DATED 21/02/2018 BY THE LD.CI T(A)-11, BENGALURU FOR ASSESSMENT YEAR 2012-13. 2. THE LD.AR SUBMITTED THAT THE ABOVE APPEALS ARE I N RESPECT OF PROTECTIVE ASSESSMENTS MADE SUBSTANTIALLY IN THE HANDS OF M/S DHRUVATHI HOTELS & DEVELOPMENTS PVT. LTD., FOR THE AY 2009-10 AND AY 2010-11 AND WAS PENDING BEFORE THIS TRIBUNAL IN ITA NO. 1449/BANG/2018 AND ITA NO. 1450/BANG/2018 RESPECTIV ELY. 2.1 THE ASSESSEE IN M/S DHRUVATHI HOTELS & DEVELOPM ENTS PVT. LTD, FOR BOTH THE YEARS PREFERRED TO SETTLE THE DI SPUTE UNDER THE VIVAAD SE VISWAAS SCHEME AND THE APPEALS IN ITA NO. 1449/BANG/2018 AND ITA NO. 1450/BANG/2018, WERE DIS POSED OFF VIDE ORDER DT:08/12/ 2020. A COPY OF THE ORDER HAS BEEN FILED BEFORE US. 2.2 THE ASSESSEE HUF HAS ALSO FILED THE ASSESSMENT ORDERS IN THE CASE OF M/S DHRUVATHI HOTELS & DEVELOPMENTS PVT LTD, FOR AY 2009-10 AND 2010-11, WHERE FOLLOWING SUBSTANTIVE AD DITIONS WERE MADE. PAGE 3 OF 5 ITA NO.1408 & 1448/BANG/2018 NAME OF THE ASSESSEE AY SUBSTANTIVE ASSESSMENT PROTECTIVE ASSESSMENT DHRUVATHI HOTELS & DEVELOPMENTS PVT. LTD 2009-10 5,00,00,000 ______ DHRUVATHI HOTELS & DEVELOPMENTS PVT. LTD 2010-11 2,00,00,000 M R NARASIMHA MURTHY (HUF) (PARA 14.7 OF ASSESSMENT ORDER) 2012-13 - 7,00,00,000 2.3 IT IS SUBMITTED THAT THE PROTECTIVE ASSESSMENT IN PRESENT CASE WILL NOT SURVIVE WHEN THE SUSTENTATIVE ASSESSM ENTS HAVE BEEN SETTLED THROUGH THE VSVS AND IT IS PRAYED THAT THE ABOVE APPEALS BE DISPOSED AS BEING INFRUCTUOUS. 2.4 IT IS FURTHER PRAYED THAT THE ASSESSEE AND THE DEPARTMENT BE GIVEN LIBERTY TO RECALL THE RESPECTIVE APPEALS, IF THE VSVS APPLICATION IN THE CASE OF M/S DHRUVATHI HOTELS & DEVELOPMENTS PVT. LTD., IS NOT ACCEPTED BY THE INCO ME TAX DEPARTMENT. 3. THE LD.AR DID NOT OBJECT TO THE SUBMISSIONS MADE BY THE LD.AR. 4. WE HEARD THE PARTIES AND PERUSED THE RECORD. SI NCE THE SUBSTANTIVE ASSESSMENT HAS BEEN SETTLED UNDER VSVS ACT, WE ARE OF THE VIEW THAT NO PURPOSE WOULD BE SERVED IN KEEP ING THESE APPEALS PENDING. ADDITION MADE UNDER PROTECTION BA SIS WILL STAND DELETED AUTOMATICALLY IN THE HANDS OF ASSESSE E. THE REVENUES APPEAL STANDS WITHDRAWN AS THE DISPUTE ST ANDS SETTLED. PAGE 4 OF 5 ITA NO.1408 & 1448/BANG/2018 4.1 HOWEVER, WE FIND MERIT IN THE SUBMISSION MADE B Y LD.DR SINCE THESE APPEALS FILED BY THE REVENUE ARE DISMIS SED BY US AT THE INSTANCE OF THE ASSESSEE. WE GRANT LIBERTY TO BOTH SIDES TO FILE NECESSARY APPLICATIONS FOR RECALL OF THIS ORDER IN ACCORDANCE WITH LAW WITHIN THE STATUTORY TIME PERIOD, IF SOMETHING GOES WRONG IN RESPECT OF APPLICATIONS FILED BY THE ASSESSEE UNDER VSVS ACT. IN THE RESULT, PRESENT CROSS APPEALS ARE DISMISSED WITH LIBERTY. ORDER PRONOUNCED IN THE OPEN COURT ON 24 TH AUGUST, 2021 SD/- SD/- (CHANDRA POOJARI) (BEENA PILLAI) ACCOUNTANT MEMBER JUDICIAL ME MBER BANGALORE, DATED, THE 24 TH AUG, 2021. /VMS/ COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE PAGE 5 OF 5 ITA NO.1408 & 1448/BANG/2018 DATE INITIAL 1. DRAFT DICTATED ON ON DRAGON SR.PS 2. DRAFT PLACED BEFORE AUTHOR -8-2021 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER -8-2021 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. -8-2021 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS -8-2021 SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON -8-2021 SR.PS 7. DATE OF UPLOADING THE ORDER ON WEBSITE -8-2021 SR.PS 8. IF NOT UPLOADED, FURNISH THE REASON -- SR.PS 9. FILE SENT TO THE BENCH CLERK -8-2021 SR.PS 10. DATE ON WHICH FILE GOES TO THE AR 11. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 12. DATE OF DISPATCH OF ORDER. 13. DRAFT DICTATION SHEETS ARE ATTACHED NO SR.PS