M/s. Compass Logistics Private Limited, Bangalore V. The Income Tax Officer, Ward- 2(1)(2), Bangalore

ITA 1609/BANG/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9268 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 1 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-08-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 17-06-2020
• Assessment Year: 2013-2014
• Appeal Filed On: 10-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MANJEET SINGH CIT BENGALURU
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI B R BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLA, JUDICIAL MEMBER IT A NO. 1609/ BANG / 2019 ASSESSMENT YEAR: 2013 - 14 COMPASS LOGISTICS PVT. LTD., #27, II CROSS, 10 TH MAIN, INDRANAGAR II STAGE, BANGALORE 560071. PAN: AACCC8684K VS. THE INCOME TAX OFFICER, WARD 2(1)(2), BANGALORE. APP ELLANT RESPONDENT APPELLANT BY : NONE RESPONDENT BY : SHRI MANJEET SINGH, ADDL. C IT(DR)(ITAT ), BENGALURU. DATE OF HEARING : 17 .0 6 .2020 DATE OF PRONOUNCEMENT : 14. 0 8 .2020 O R D E R PER B R BASKARAN, ACCOUNTANT MEMBER THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING T HE ORDER DATED 08-05-2019 PASSED BY LD CIT(A)-2, BENGALURU AND IT RELATES TO THE ASSESSMENT YEAR 2013-14. THE ASSESSEE IS AGGRIEVED BY THE DECISION OF LD CIT(A) IN CONFIRMING THE PENALTY LEVIED BY THE AO U/S 271(1)(C) OF THE ACT. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. HOWEVER , THE LD A.R HAS MOVED AN ADJOURNMENT PETITION MENTIONING THEREIN TH AT THE ASSESSEE HAS FILED APPLICATIONS UNDER THE DIRECT TAX VIVAD SE VI SHWAS ACT, 2020 AND IS ITA NO.1609/BANG/2019 PAGE 2 OF 3 WAITING FOR THE CERTIFICATE IN FORM NO.3 FROM THE P R. CIT. ACCORDINGLY THE LD A.R HAS SOUGHT FOR ADJOURNMENT OF THE MATTER. 3. THE LD D.R, HOWEVER, SUBMITTED THAT THE ASSESSEE HAS TO WITHDRAW THE PENDING APPEALS AFTER FILING FORM VSV1 AS PER V IVAD SE VISHWAS ACT, 2020. THEREAFTER, THE ASSESSEE IS REQUIRED TO FURN ISH A COPY OF THE SAME ALONG WITH THE PROOF OF PAYMENT OF TAX AS DETERMINE D BY THE TAX OFFICIAL TO THE DEPARTMENT. HE SUBMITTED THAT THE FORM NO.3 SH ALL 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ISSUED TO THE ASSESSEE IN DUE COURSE AND ACCORDINGLY HE SUBMITTED THAT THE APPEAL OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN, AS THE ASSESSEE, IN ANY WAY, IS REQUIRED TO WITHDRAW THE APPEAL. 4.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. S INCE THE ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS SCHEME, 2020, THE AP PELLANT WOULD BE MOVING APPLICATION FOR WITHDRAWING THE PRESENT APPE AL FILED BEFORE THE TRIBUNAL IN DUE COURSE. SINCE THE ASSESSEE HAS ALR EADY FILED THE NECESSARY APPLICATIONS BEFORE THE TAX AUTHORITIES U NDER THE ABOVE SAID SCHEME, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THIS APPEAL PENDING. ACCORDINGLY WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. 5. WE NOTICE THAT THE A.R OF THE ASSESSEE HAS STATE D IN THE ADJOURNMENT LETTER THAT HE HAS NOT RECEIVED FORM NO .3, IN WHICH THE TAX AMOUNT TO BE PAID BY THE ASSESSEE SHALL BE INTIMATE D BY THE DEPARTMENT. HENCE, IT APPEARS THAT THE ASSESSEE WANTS TO MAKE S URE THAT THE TAX LIABILITY MENTIONED BY HIM IN FORM NO.1 SHOULD GET CONFIRMED BY THE REVENUE. UNDER THESE SET OF FACTS, SINCE WE HAVE DISMISSED T HE APPEAL, THE ASSESSEE IS GIVEN LIBERTY TO MOVE APPROPRIATE APPLI CATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF THE AS SESSEE INTENDS TO DO SO. ITA NO.1609/BANG/2019 PAGE 3 OF 3 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THIS 14 TH DAY OF AUGUST, 2020. SD/- SD/- ( BEENA PILLAI ) ( B R BASKARAN ) JUDICIAL MEMBER ACCOUNTANT MEMB ER BANGALORE, DATED, THE 14 TH AUGUST, 2020. / DESAI S MURTHY / COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. BY ORDER ASSISTANT REGISTRAR ITAT, BANGALORE.