Assistant Commissioner of Income Tax Central Circle-2(2), Bangalore V. M/s Dhruvathi Hotels & development Pvt Ltd , Bangalore

ITA 1450/BANG/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1910 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 7 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-12-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 08-12-2020
• Assessment Year: 2010-2011
• Appeal Filed On: 04-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R PREMI J

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES C, BANGALORE BEFORE SHRI GEORGE GEORGE K, JM & SHRI B.R.BASKARAN, AM ITA NO.1449/BANG/2018 : ASST.YEAR 2009-2010 ITA NO.1450/BANG/2018 : ASST.YEAR 2010-2011 THE ASST.COMMISSIONER OF INCOME - TAX, CENTRAL CIRCLE 2(2) BENGALURU. V. M/S.DHRUVATHI HOTELS & DEVELOPMENTS PVT. LTD. NO.304, BRIDGE LINKS, 1 ST MAIN ROAD, SESHADRIPURAM BENGALURU 560 020. PAN : AAMCS5015N. (APPELLANT) (RESPONDENT) APPELLANT BY : SMT.R.PREMI, JCIT-DR RESPONDENT BY : SRI.PRANAV KRISHNA, ADVOCATE DATE OF HEARING : 08.12.2020 DATE OF PRONOUNCEMENT : 08.12.2020 O R D E R PER GEORGE GEORGE K, JM THESE APPEALS AT THE INSTANCE OF THE REVENUE ARE DIRECTED AGAINST THE COMMON ORDER OF THE CIT(A), DATED 29.04.2015. THE RELEVANT ASSESSMENT YEARS ARE 2009-2010 AND 2010-2011. 2. THE ASSESSEE HAS FILED A LETTER STATING THAT HE IS OPTING TO SETTLE THE ISSUE UNDER DIRECT TAXES VIVAD SE VISHWAS ACT, 2020. ACCORDINGLY, WE ARE OF THE VIEW THAT NO PURPOSE WOULD BE SERVED IN KEEPING THE APPEALS PENDING, SINCE THE PRESENT APPEALS HAS TO BE WITHDRAWN BY THE REVENUE, ONCE THE DISPUTE IS SETTLED UNDER THE ABOVE SAID ACT. 3. ACCORDINGLY, WE DISMISS THE APPEALS OF THE REVENUE. HOWEVER, LIBERTY IS GIVEN TO THE REVENUE TO SEEK RECALL OF THIS ORDER, IF IT WARRANTS SO. ITA NOS.1449-1450/BANG/2018 M/S.DHRUVATHI HOTELS & DEVELOPMENTS PVT.LTD. 2 4. IN THE RESULT, THE APPEALS FILED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED ON THIS 08 TH DAY OF DECEMBER, 2020 . SD/- SD/- ( B.R.BASKARAN ) ( GEORGE GEORGE K ) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE; DATED : 08 TH DECEMBER, 2020. DEVADAS G* COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT(A)-11, BANGALORE 4. THE PR.CIT-CENTRAL, BANGALORE. 5. THE DR, ITAT, BENGALURU. 6. GUARD FILE. ASST.REGISTRAR/ITAT, BANGALORE