Shiva Sahakari Bank Niyamit, Shimoga V. Director Of Income Tax (Intelligence & Criminal Investigation), Bangalore

ITA 1644/BANG/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4283 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 3 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-10-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 21-07-2020
• Assessment Year: 2013-2014
• Appeal Filed On: 16-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: C SANDEEP
• Assessee Lawyers: PRIYADARSHI MISHRA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI B.R BASKARAN , ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA NO.1644/BANG/2019 ASSESSMENT YEAR : 2013-14 SHIVA SAHAKARI BANK NIYAMIT, VISHWABANDHU MARALA SIDDUE MUNICIPAL OFFICE ROAD, SHIKARIPURA-577 427 SHIMOGA. PAN AABAS 2660 Q. VS. THE DIRECTOR OF INCOME-TAX (INTELLIGENCE & CRIMINAL INVESTIGATION) BENGALURU. APPELLANT RESPONDENT REVENUE BY : SHRI C SANDEEP, C.A ASSESSEE BY : SHRI PRIYADARSHI MISHRA, JCIT (DR) DATE OF HEARING : 22.10.2020 DATE OF PRONOUNCEMENT : .10.2020 O R D E R PER B.R BASKARAN, ACCOUNTANT MEMBER : THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 17-05-2019 PASSED BY LD CIT(A)-10, BENGALURU FOR AS SESSMENT YEAR 2013-14. 2. THE COUNSEL OF THE ASSESSEE HAS FILED AN APP LICATION SEEKING ADJOURNMENT OF THE CASE ON THE GROUND THAT THE ASSE SSEE IS OPTING TO SETTLE THE DISPUTE UNDER DIRECT TAX VIVAD SE VISHWA S ACT. 3. THE LD D.R, HOWEVER, SUBMITTED THAT THE ASSES SEE HAS TO WITHDRAW THE PENDING APPEALS AFTER FILING FORM VSV1 AS PER VIVAD SE VISHWAS ACT, 2020. THEREAFTER, THE ASSESSEE IS REQUIRED TO FURNISH A COPY OF THE SAME ALONG WITH THE PROOF OF PAYMENT OF TAX AS ITA NO.902 /BANG/2019 PAGE 2 OF 4 DETERMINED BY THE TAX OFFICIAL TO THE DEPARTMENT. ACCORDINGLY HE SUBMITTED THAT THE APPEAL OF THE ASSESSEE MAY BE DI SMISSED AS WITHDRAWN, AS THE ASSESSEE, IN ANY WAY, IS REQUIRED TO WITHDRAW THE APPEAL. 4. THE LD A.R, IN THE REJOINDER, SUBMITTED THAT THE ASSESSEE SHALL BE FILING THE FORMS UNDER DIRECT TAX VIVAS SE VISHW AS ACT. HE SUBMITTED THAT, IN CASE THE APPEAL IS DISMISSED, TH E ASSESSEE SHOULD BE GIVEN LIBERTY TO SEEK RECALL OF THE ORDER, IF SO METHING GOES WRONG. 5. WE HEARD THE PARTIES AND PERUSED THE RECORD. THE SUBMISSIONS MADE BY PARTIES ARE CONSIDERED. SINCE THE ASSESSEE HAS OPTED TO FILE APPLICATIONS UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020, THE APPELLANT WOULD BE MOVING APPLICATION FOR WITHDRAWI NG THE PRESENT APPEAL FILED BEFORE THE TRIBUNAL IN DUE COURSE. AC CORDINGLY, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPI NG THESE APPEAL PENDING. ACCORDINGLY WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. HOWEVER, THE ASSESSEE IS GIVEN LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT O RDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSEE INTENDS TO DO SO. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE I S DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON OCT , 2020. ( BEENA PILLAI ) JUDICIAL MEMBER (B.R B ASKARAN ) ACCOUNTANT MEMBER BANGALORE, DATED, OCT, 2020. / VMS / ITA NO.902 /BANG/2019 PAGE 3 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. ITA NO.902 /BANG/2019 PAGE 4 OF 4 1. DATE OF DICTATION 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER . 3. DATE ON WHICH THE APPROVED DRAFT COMES TO SR.P.S .. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER .. 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE S R. P.S. .. 6. DATE OF UPLOADING THE ORDER ON WEBSITE.. 7. IF NOT UPLOADED, FURNISH THE REASON FOR DOING SO .. 8. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK .. 9. DICTATION NOTE ENCLOSED DATE ON WHICH ORDER GOES FOR XEROX & ENDORSEMENT 10. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 11. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER . 12. THE DATE ON WHICH THE FILE GOES TO DISPATCH SEC TION FOR DISPATCH OF THE TRIBUNAL ORDER . 13. DATE OF DESPATCH OF ORDER. .. 14. DICTATION NOTE ENCLOSED