Hotel Tejasvi International, Rayagada V. ITO, Rayagada Ward, Rayagada

ITA 176/CTK/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1368 (ITAT-CUTTACK)
• Duration Of Justice: 2 year(s) 6 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 23-07-2020
• Assessment Year: 2010-2011
• Appeal Filed On: 18-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M K GAUTAM
• Assessee Lawyers: J M PATTNAIK
• Section: 201

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH CUTTACK BEFORE SHRI C.M.GARG , JM & SHRI L.P. SAHU, AM (THROUGH : V IRTUAL HEARING ) IT A NO S . 175&176 /CTK/20 1 8 ( / A SSESSMENT Y EAR : 2009 - 2010 & 201 0 - 201 1 ) M/S HOTEL TEJASVI INTERNATIONAL NEAR NEW COLLECTORATE OFFICE, OMP ROAD, PO/DIST - RAYAGADA, PIN - 765001 VS. ITO, RAYAGADA WARD, RAYAGADA PAN NO. : A AFFT 1657 H ( / APPELLANT ) .. ( / RESPONDENT ) /ASSESSEE BY : SHR I J.M.PATTNAIK, ADVOCATE /REVENUE BY : SHRI M.K.GAUTAM , CIT DR / DATE OF HEARING : 11 / 1 2 /20 20 / DATE OF PRONOUNCEMENT : 14 / 1 2 /20 20 / O R D E R PER BENCH : TH ESE TWO APPEALS FILED BY THE ASSESSEE AGAINST THE ORDER PASSED BY THE CIT(A) - 1, BHUBANESWAR, BOTH DATED 29.01.2018, FOR THE ASSESSMENT YEAR 20 09 - 2010 & 2010 - 2011. 2 . AT THE OUTSET, LD. AR OF THE ASSESSEE DREW OUR ATTENTION TO THE APPLICATION DATED 02.11.2020 , WHICH ARE PLACED IN BOTH THE APPE ALS SEPARATELY, AND SUBMITTED THAT THE ASSESSEE HAS FILED APPLICATION FOR BOTH THE ASSESSMENT YEARS UNDER CONSIDERATION REGARDING SETTLEMENT SOUGHT IN THE FORM - I UNDER THE DIRECT TAX VIVAD SE VISHWAS BILL, 2020 BEFORE THE PRESCRIBED AUTHORITY(IES) THEREI N. LD. DR HAS NO OBJECTION TO THE SUBMISSION MADE BY THE LD. AR OF THE ASSESSEE IN THIS REGARD. ITA NO S . 175&176 /CTK/201 8 2 3 . ON PERUSAL OF THE DOCUMENTS PLACED ON RECORD OF THE TRIBUNAL, WE FIND THAT THE ASSESSEE HAS PROPOSED TO SETTLE THE CASE TAKING THE BENEFIT UNDER THE DIRECT T AX VIVAD SE VISHWAS BILL, 2020. WE, THEREFORE, ARE OF THE OPINION THAT BOTH THE APPEALS OF THE ASSESSEE DESERVE TO BE DISMISSED AT THIS STAGE WITH A RIDER THAT IT SHALL BE VERY MUCH OPEN TO THE ASSESSEE/TAXPAYER TO SEEK REVIVAL OF THE CASE BEFORE THE TRI BUNAL, IF HIS SETTLEMENT PETITION HEREINABOVE, FOR BOTH THE ASSESSMENT YEARS UNDER CONSIDERATION, IS REJECTED FOR THE TECHNICAL REASONS. 4 . IN THE RESULT, BOTH APPEALS OF THE ASSESSEE ARE DISMISSED IN THE TERMS AS INDICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 14 / 12 / 20 20 . SD/ - (C.M.GARG) SD/ - (L.P.SAHU) / JUDICIAL MEMBER / ACCOUNTANT MEMBER CUTTACK ; DATED 14 / 12 /20 20 PRAKASH KUMAR MISHRA, SR.P.S. / COPY OF THE ORDER FORWARDED TO : / BY ORDER, ( SENIOR PRIVATE SECRETARY ) , /ITAT , CUTTACK 1. / THE APPELLANT - M/S HOTEL TEJASVI IN TERNATIONAL NEAR NEW COLLECTORATE OFFICE, OMP ROAD, PO/DIST - RAYAGADA, PIN - 765001 2. / THE RESPONDENT - ITO, RAYAGADA WARD, RAYAGADA 3. ( ) / THE CIT(A), 4. / CIT 5. , , / DR , ITAT, CUTTACK 6. / GUARD FILE. //TRUE COPY//