M/s Fashion 365 Retail (P) Ltd. , Bengaluru V. Income Tax Officer Ward - 3 (1) (2) , Bengaluru

ITA 1657/BANG/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3834 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 5 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 05-11-2020
• Assessment Year: 2014-2015
• Appeal Filed On: 18-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R PREMI

Judgement Text

ITA NO.1657/BANG/2018 M/S. FASHION 365 RETAIL (P) LTD., BENGALURU IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: BANGALORE BEFORE SHRI B. R. BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA NO.1657/BANG/2018 ASSESSMENT YEAR: 2014 15 M/S. FASHION 365 RETAIL (P) LTD. NO.589, 12 TH MAIN HAL II STAGE, INDIRANAGAR BENGALURU-560 020. PAN NO : AABCF 9240P VS. INCOME TAX OFFICER WARD-3(1)(2) BENGALURU-560 095 APPELLANT RESPONDENT APPELLANT BY : SHRI PRANAV KRISHNA, A.R. RESPONDENT BY : SMT. R. PREMI, D.R. DATE OF HEARING : 05.11.2020 DATE OF PRONOUNCEMENT : 05.11.2020 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 22-03-2018 PASSED BY LD CIT(A) FOR ASSESSMENT YEAR 2014-15. 2. THE LD COUNSEL OF THE ASSESSEE SUBMITTED TH AT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE UNDER DIRECT TAX VI VAD SE VISHWAS ACT AND ACCORDINGLY FILED FORM 1 AND 2 BEFORE THE D ESIGNATED AUTHORITIES. ACCORDINGLY, HE SOUGHT FOR ADJOURNMENT OF THE APPEAL. 3. THE LD D.R, HOWEVER, SUBMITTED THAT THE ASSES SEE HAS TO WITHDRAW THE PENDING APPEAL AFTER FILING FORM VSV1 AS PER VIVAD SE VISHWAS ACT, 2020. THEREAFTER, THE ASSESSEE IS REQ UIRED TO FURNISH A ITA NO.1657/BANG/2018 M/S. FASHION 365 RETAIL (P) LTD., BENGALURU PAGE 2 OF 3 COPY OF THE SAME ALONG WITH THE PROOF OF PAYMENT OF TAX AS DETERMINED BY THE TAX OFFICIAL TO THE DEPARTMENT. ACCORDINGLY HE SUBMITTED THAT THE APPEAL OF THE ASSESSEE MAY BE DISMISSED AS WITH DRAWN, AS THE ASSESSEE, IN ANY WAY, IS REQUIRED TO WITHDRAW THE A PPEAL. 4. THE LD A.R, IN THE REJOINDER, SUBMITTED THAT THE ASSESSEE HAS NOT YET RECEIVED FORM 3 AS PER DIRECT TAX VIVAS SE VISHWAS ACT AND ACCORDINGLY SUBMITTED THAT, IN CASE THE APPEAL IS D ISMISSED, THE ASSESSEE SHOULD BE GIVEN LIBERTY TO SEEK RECALL OF THE ORDER, IF SOMETHING GOES WRONG. 5. WE HEARD THE PARTIES AND PERUSED THE RECORD. THE SUBMISSIONS MADE BY PARTIES ARE CONSIDERED. SINCE THE ASSESSEE HAS FILED 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 THIS 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. PRONOUNCED IN THE OPEN COURT ON 05-11-202 0 SD/- (BEENA PILLAI) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 5 TH NOV, 2020. VG/SPS ITA NO.1657/BANG/2018 M/S. FASHION 365 RETAIL (P) LTD., BENGALURU 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.