Boda Venkata Nagewara Rao , Bangalore V. The Deputy Commissioner of Income TAx Circle-3(1)(2), Bangalore

ITA 1675/BANG/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5171 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 4 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-10-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 21-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUNDAR R AJAN CIT BENGALURU
• Section: 254(2); 6

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI. A. K. GARODIA, ACCOUNTANT MEMBER AND SHRI. GEORGE GEORGE K , JUDICIAL MEMBER ITA NO S . 1 6 75 AND 1676 /BANG/20 1 8 ASSESSMENT YEARS : 2011 12 & 2013 14 MR. B. V. NAGESHWARA RAO, NO.98, NEXT TO NAL LAYOUT, BEHIND FCI BUILDING, 4 TH T BLOCK, JAYANGAR, BENGALURU 560 077. PAN : A CU P B 0549 D VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 3(1)(2), BENGALURU. APPELLANT RESPONDENT ASSESSEE BY : SMT. PRATIBHA R , A DVOCATE REVENUE BY : SHRI. SUNDAR RAJAN , ADDL. CIT (DR)(ITAT), BENGALURU DATE OF HEARING : 2 4 .0 9 .2020 DATE OF PRONOUNCEMENT : 09 . 1 0.2020 O R D E R PER A. K. GARODIA, ACCOUNTANT MEMBER: THESE TWO APPEALS ARE FILED BY THE ASSESSEE AND THE SAME ARE DIRECTED AGAINST TWO SEPARATE ORDERS OF THE LEARNED CIT (A) BOTH DATED 20.03.2018. 2. LEARNED AR OF THE ASSESSEE STATED THAT THE ASSESSEE IS OPTING FOR VIVAD SE VISHWAS SCHEME, 2020. IN THE COURSE OF HEARING, IT WAS THE PROPOSITION PUT FORWARD BY THE BENCH THAT UNDER THESE FACTS, THE APPEALS OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN AND LIBERTY MAY BE GRANTED TO THE ASSESSEE TO APPROACH THIS TRIBUNAL FOR RECALL OF THIS ORDER UNDER SECTION 254(2) OF THE ACT IN CASE THE ASSESSEE FINALLY OPTS OUT OF VIVAD SE VISHWAS SCHEME, 2020. IN REPLY, IT WAS SUBMITTED BY LEARNED AR OF THE ASSESSEE THAT IF SUCH LIBERTY IS GRANTED TO THE ASSESSEE, THEN SHE HAS NO OBJECTION ABOUT DISMISSAL OF THESE ITA NOS.1675 AND 1676/BANG/2018 PAGE 2 OF 2 APPEALS AS WITHDRAWN. LEARNED DR OF THE REVENUE ALSO AGREED TO THIS PROPOSITION PUT FORWARD BY THE BENCH. 3. IN VIEW OF ABOVE DISCUSSION, WE DISMISS THESE TWO APPEALS AS WITHDRAWN AND GRANT LIBERTY TO THE ASSESSEE TO APPROACH THIS TRIBUNAL FOR RECALL OF THIS TRIBUNAL ORDER UNDER SECTION 254(2) OF THE ACT IN CASE THE ASSESSEE FINALLY OPTS OUT OF VIVAD SE VISHWAS SCHEME, 2020 FOR ANY REASON. 4. IN THE RESULT, BOTH APPEALS OF THE ASSESSEE ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- SD/- (GEORGE GEORGE K) (A.K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED: 09.10. 2020. /NS/* COPY TO: 1. APPELLANTS 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.