Sri. V. Shivakumar, Mysuru V. The Deputy Commissioner Of Income Tax, Central Circle, Mysuru

ITA 1763/BANG/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9653 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 4 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 04-01-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 13-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R PREMI J C IT BENGALURU
• Assessee Lawyers: V SRINIVASAN
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT AND SHRI B. R. BASKARAN , ACCOUNTANT MEMBER ITA NO S . 1763 AND 1764 /BANG/20 1 9 ASSESSMENT YEARS : 2011-12 AND 2012-13 SHRI. V. SHIVAKUMAR, NO.997, 3 RD MAIN, VIDYARANYAPURAM, MYSURU 570 008. PAN : AELPS 5929 R VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, MYSURU . APPELLANT RESPONDENT ASSESSEE BY : SHRI. V. SRINIVASAN , A DVOCATE REVENUE BY : SMT. R. PREMI , JCIT (DR)(ITAT), BENGALURU DATE OF HEARING : 4. 1.2021 DATE OF PRONOUNCEMENT : 4 . 1.2021 O R D E R PER N. V. VASUDEVAN, VICE PRESIDENT THESE ARE APPEALS FILED BY THE ASSESSEE AGAINST TWO ORDERS BOTH DATED 25.06.2019 PASSED BY THE CIT(A)-11, BANGALORE, RELATING TO ASSESSMENT YEARS 2011-12 AND 2012-13. 2. THE LEARNED AR OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE IN THESE APPEALS UNDER THE DIRECT TAX VIVAD SE VISHWAS SCHEME, 2020 AND HAS FILED FORM NOS.1 AND 2 AND IS AWAITING TO RECEIVE FORM 3 FROM THE DESIGNATED AUTHORITY. LEARNED COUNSEL FOR THE ASSESSEE PRAYED FOR KEEPING THE PROCEEDINGS IN ABEYANCE TILL THE ASSESSEE RECEIVED FORM 3. 3. 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THAT UNDER THESE FACTS, THE APPEALS OF THE ASSESSEE MAY BE DISMISSED AND ITA NOS.1763 AND 1764/BANG/2019 PAGE 2 OF 3 WITHDRAWN AND LIBERTY MAY BE GRANTED TO THE ASSESSEE TO APPROACH THIS TRIBUNAL FOR RECALL OF THIS ORDER UNDER SECTION 254(2) OF THE ACT IN CASE THE ASSESSEE FINALLY OPTS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ASSESSEE THAT IF THE LIBERTY IS GRANTED TO THE ASSESSEE, THEN WE HAVE NO OBJECTION ABOUT DISMISSAL OF THE APPEALS AS WITHDRAWN. LEARNED DR OF THE REVENUE ALSO AGREED TO THIS PROPOSITION PUT FORWARD BY THE BENCH. 4. THE APPEALS ARE ACCORDINGLY DISMISSED AS WITHDRAWN. THE ASSESSEE IS HOWEVER AT LIBERTY TO SEEK RECALL OF THIS ORDER IN THE EVENT OF NON-ISSUE OF FORM-III OR FOR OTHER REASONS THE ASSESSEE IS NOT ABLE TO SETTLE THE DISPUTE UNDER THE SCHEME. 5. IN THE RESULT, ASSESSEES APPEALS ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- SD/- SD/- SD/- BANGALORE, DATED: 4.1.2021. /NS/* ( B. R. BASKARAN ) ( N. V. VASUDEVAN) ACCOUNTANT MEMBER VICE PRESIDENT ITA NOS.1763 AND 1764/BANG/2019 PAGE 3 OF 3 COPY TO: 1. APPELLANTS 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.