M/s. Vikram Hospital (Bangalore) Private Limited, Bangalore V. Additional Commissioner Of Income Tax, Range - 5, Bangalore

ITA 1417/BANG/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2220 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 5 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 12-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: N O N E
• Assessee Lawyers: R PREMI

Judgement Text

ITA NOS.1417/BANG/2019&2935/BANG/2018 VIKRAM HOSPITAL (BANGALORE) PVT. LTD., BANGALORE IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER ITA NO.2935/BANG/2018 ASSESSMENT YEAR: 2011-12 DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-2(3)(1) BANGALORE VS. M/S. VIKRAM HOSPITAL (BANGALORE) PVT. LTD. 71/1, MILLERS ROAD OPP. ST. ANNES COLLEGE BANGALORE-560 052. PAN NO : AACCV9562D APPELLANT RESPONDENT ITA NO.1417/BANG/2019 ASSESSMENT YEAR: 2011-12 M/S. VIKRAM HOSPITAL (BANGALORE) PVT. LTD. 71/1, MILLERS ROAD OPP. ST. ANNES COLLEGE BANGALORE-560 052. VS. ACIT RANGE-5 BANGALORE APPELLANT RESPONDENT APPELLANT BY : SMT. R. PREMI, D.R. RESPONDENT BY : N O N E DATE OF HEARING : 03.12.2020 DATE OF PRONOUNCEMENT : 03.12.2020 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THESE CROSS APPEALS ARE DIRECTED AGAINST THE ORDER DATED 23.07.2018 PASSED BY LD CIT(A)-7, BENGALURU AND THE Y RELATE TO THE ASSESSMENT YEAR 2011-12. ITA NOS.1417/BANG/2019&2935/BANG/2018 VIKRAM HOSPITAL (BANGALORE) PVT. LTD., BANGALORE PAGE 2 OF 3 2. WE NOTICE THAT THE REVENUE HAS WRONGLY MENTION ED THE ASSESSMENT YEAR AS AY 2013-14 IN FORM NO.36, EVEN T HOUGH IT PERTAINED TO AY 2011-12 ONLY, WHICH FACT HAS BEEN C ORRECTLY STATED IN THE GROUNDS OF APPEAL. 3. THE ASSESSEE HAS SENT A MAIL TO THE REGISTRY STATING THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE IN ITS APP EAL AS WELL AS IN THE APPEAL FILED BY THE REVENUE UNDER DIRECT TAXES VIVA D SE VISHWAS ACT, 2020. IT IS FURTHER STATED THAT THE ASSESSEE HAS F ILED FORM NO.1 & 2 FOR THE APPEALS FILED BY THE ASSESSEE AS WELL AS BY THE REVENUE AND IT HAS ALSO RECEIVED FORM NO.3. ACCORDINGLY IT IS SUB MITTED BOTH THE APPEALS, I.E., APPEAL OF THE ASSESSEE AS WELL AS TH E APPEAL OF THE REVENUE MAY BE DISMISSED AS WITHDRAWN. 4. WE NOTICE FROM FORM NO.3 ISSUED BY THE DESIGN ATED AUTHORITY, THE APPEAL OF THE ASSESSEE IN ITA NO.1417/B/2018 AN D THE APPEAL OF THE REVENUE IN ITA NO.2935/BANG/2018 HAS BEEN MENTI ONED. SINCE BOTH THE APPEALS HAVE BEEN SETTLED UNDER THE DIRECT TAXES VIVAD SE VISHWAS ACT, 2010, WE DISMISS BOTH THE APPEALS AS W ITHDRAWN. HOWEVER, WE GIVE LIBERTY TO BOTH THE PARTIES TO SEE K RECALL OF THIS ORDER IN RESPECT OF ANY OF OR BOTH THE APPEALS IN ACCORDA NCE WITH LAW, IF THE CIRCUMSTANCES SO WARRANT. 5. IN THE RESULT APPEALS OF BOTH THE PARTIES AR E DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 3 RD DEC, 2020. SD/- (N.V. VASUDEVAN ) VICE PRESIDENT SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 3 RD DEC, 2020. VG/SPS ITA NOS.1417/BANG/2019&2935/BANG/2018 VIKRAM HOSPITAL (BANGALORE) PVT. LTD., BANGALORE PAGE 3 OF 3 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.