Deputy Commissioner Of Income Tax, Circle- 3(1)(2), Bangalore V. M/s. Gokaldas Exports Limited, Bangalore

ITA 145/BANG/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1942 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 16-12-2020
• Assessment Year: 2012-2013
• Appeal Filed On: 30-01-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BISWARAN SASMAL
• Assessee Lawyers: S V RAVISHANKAR
• Section: 13

Judgement Text

ITA NO.145/BANG/2020 & CO NO.7/BANG/2020 GOKALDAS EXPORTS LTD., BANGALORE IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: BANGALORE BEFORE SHRI B. R. BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA NO.145/BANG/2020 ASSESSMENT YEAR: 2012 13 DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-3(1)(2), BANGALORE VS. M/S. GOKALDAS EXPORTS LTD. NO.16/2, PRESTIGE DOT COM RESIDENCY ROAD, BANGALORE-560025 PAN NO.AACCG0895N APPELLANT RESPONDENT C.O. NO.7/BANG/2020 (ARISING OUT OF ITA NO.145/BANG/2020) ASSESSMENT YEAR: 2012 13 M/S. GOKALDAS EXPORTS LTD. NO.16/2, PRESTIGE DOT COM RESIDENCY ROAD, BANGALORE-560025 VS. DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-3(1)(2), BANGALORE APPELLANT RESPONDENT REVENUE BY : SHRI BISWARAN SASMAL, D.R. ASSESSEE BY : SHRI S.V. RAVISHANKAR, A.R. DATE OF HEARING : 25.02.2021 DATE OF PRONOUNCEMENT : 25.02.2021 ITA NO.145/BANG/2020 & CO NO.7/BANG/2020 GOKALDAS EXPORTS LTD., BANGALORE PAGE 2 OF 4 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE REVENUE HAS FILED THE APPEAL AND THE ASSESSEE HAS FILED CROSS OBJECTION FOR ASSESSMENT YEAR 2012-13 AGAINST THE ORDER DATED 29-11-2019 PASSED BY LD CIT(A)-3, BENGALURU. 2. THE LD A.R OF THE ASSESSEE SUBMITTED THAT THE AS SESSEE HAS OPTED TO SETTLE THE ISSUES CONTESTED BY THE REVENUE FOR THE ABOVE SAID YEAR UNDER DIRECT TAXES VIVAD SE VISHWAS ACT, 2020 AND ACCORDINGLY HAS FILED FORM 1 AND 2. THE LD A.R SUBMITTED THAT THE ASSESSEE IS YET TO RECEIVE FORM NO.3. THE LD A.R ALSO SUBMITT ED THAT THE BANGALORE BENCH OF TRIBUNAL IS DISMISSING THE APPEA LS IN SUCH KIND OF CASES GIVING LIBERTY TO SEEK RECALL OF THE ORDER . HE FURTHER SUBMITTED THAT THE ASSESSEE IS NOT PRESSING THE CRO SS OBJECTION FILED BY IT. 3. THE LD D.R, SUBMITTED THAT THE APPEAL HAS BEE N FILED BY THE REVENUE AND HENCE, IF THE APPEAL OF THE REVENUE IS DISMISSED AND IF SOMETHING GOES WRONG WITH THE APPLICATION FILED BY THE ASSESSEE FOR SETTLEMENT OF DISPUTES, THEN THE REVENUE SHOULD BE GIVEN LIBERTY TO FILE APPLICATION SEEKING RECALL OF THE ORDER. THE LD D.R FURTHER SUBMITTED THAT THE ASSESSEE SHOULD BE DIRECTED TO I NTIMATE THE AO ABOUT THE RESULTS OF THE APPLICATION FILED BY IT AN D IF THEY DO NOT GO THROUGH AS DESIRED BY THE ASSESSEE, THEN THE ASSESS EE SHOULD PERSUADE THE AO TO FILE NECESSARY APPLICATIONS SEEK ING RECALL OF THIS ORDER WITHIN THE STATUTORY TIME LIMIT PRESCRIBED UN DER THE ACT. 4. WE HEARD THE PARTIES AND PERUSED THE RECORD. S INCE THE ASSESSEE HAS ALREADY FILED APPLICATION UNDER VSVS ACT FOR TH E YEAR UNDER ITA NO.145/BANG/2020 & CO NO.7/BANG/2020 GOKALDAS EXPORTS LTD., BANGALORE PAGE 3 OF 4 CONSIDERATION, WE ARE OF THE VIEW THAT NO PURPOSE W OULD BE SERVED IN KEEPING THE APPEAL OF REVENUE PENDING, SINCE THE SA ME HAS TO BE WITHDRAWN BY THE REVENUE ONCE THE DISPUTE IS SETTLE D UNDER THE ABOVE SAID ACT. ACCORDINGLY, WE DISMISS THE APPEAL OF THE REVENUE. 5. HOWEVER, WE FIND MERIT IN THE SUBMISSIONS MAD E BY LD D.R. SINCE THE APPEAL FILED BY THE REVENUE IS DISMISSED BY US AT THE INSTANCE OF THE ASSESSEE, WE DIRECT THE ASSESSEE TO PERSUADE THE AO TO FILE NECESSARY APPLICATIONS FOR RECALL OF THIS O RDER IN ACCORDANCE WITH LAW WITHIN THE STATUTORY TIME PERIOD, IF SOMET HING GOES WRONG IN RESPECT OF APPLICATIONS FILED BY THE ASSESSEE UNDER VSVS ACT. 6. SINCE THE CROSS OBJECTION FILED BY THE ASSESS EE IS NOT PRESSED, THE SAME IS DISMISSED AS NOT PRESSED. 7. IN THE RESULT, THE APPEAL OF THE REVENUE AND THE CROSS OBJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH FEB, 2021 SD/- (BEENA PILLAI) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 25 TH FEB, 2021. VG/SPS ITA NO.145/BANG/2020 & CO NO.7/BANG/2020 GOKALDAS EXPORTS LTD., BANGALORE PAGE 4 OF 4 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.