M/s. Kanai technology Park Pvt Ltd, Bangalore V. Deputy Commissioner of Income Tax, Circle-7(1)(2), Bangalore

ITA 1796/BANG/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8175 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 7 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 13-01-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 25-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRADEEP KUMARCIT
• Section: 13; 10

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES C BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOU NTANT MEMBER ITA NO S . 1795 TO 1797/ BANG/201 8 (ASSESSMENT YEAR S : 20 10 - 11, 2011 - 12 & 2013 - 14 ) M/S. K ANAI TECHNOLOGY PARK PVT. LTD., 1 ST FLOOR, EMBASSY POINT, 150, INFANTRY ROAD, BANGALORE - 560 001 .APPELLANT . PAN AACCV 3430G VS. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 7(1)(2), BANGALORE. RESPONDENT. ASSESSEE BY: SHRI TANMAYEE RAJKUMAR, ADVOCATE. REVENUE BY: SHRI PRADEEP KUMAR,CIT (D.R) DATE OF HEARING : 13.01.2021 . DATE OF PRONOUNCEMENT : 13.01 .20 2 1 . O R D E R P ER SHRI CHANDRA POOJARI , A M : THESE APPEALS FILED BY THE ASSESSEE ARE DIRECTED AGAINST DIFFERENT ORDERS OF COMMISSIONER OF INCOME TAX (APPEALS) - 4 , BANGALORE DT.26.12.2017 . SINCE COMMON ISSUE IS INVOLVED IN THESE APPEALS, THEY ARE HEARD T OGETHER AND CONSOLIDATED ORDER IS PASSED FOR THE SAKE OF CONVENIENCE. THE RELEVANT ASSESSMENT YEARS ARE 20 10 - 11, 2011 - 12 AND 2013 - 14 . 2 ITA NO S . 1795 TO 1797/BANG/2018 2. AT THE TIME OF HEARING, THE LEARNED AUTHORISED REPRESENTATIVE SUBMITTED THAT THE ASSESSE E HA S OPTED TO FILE AN APPLIC ATION UNDER THE VIVAD SE VISHWAS ACT, 2020 AND FILED A LETTER DT.12.01.2021 FOR WITHDRAWAL OF APPEALS . ACCORDINGLY, LD. AR SUBMITTED THAT THESE APPEALS MAY BE DISMISSED WITH THE LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN AC CORDANCE WITH LAW, IF THE ASSESSES INTENDED TO DO SO. 3. ON THE OTHER HAND, THE LEARNED DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE ASSESSE E HAS TO WITHDRAW THE PENDING APPEALS AFTER FILING THE FORM VSV1 AS PER VIVAD SE VISHWAS ACT, 2020. THEREAFTER THE ASSESSE E IS REQUIRED TO FURNISH A COPY OF THE SAME ALONG WITH THE PROOF OF PAYMENT OF TAX AS DETERMINED BY THE TAX OFFICIAL TO THE DEPARTMENT. LD. DR SUBMITTED THAT THE FORM NO.3 SHALL BE ISSUED TO THE ASSESSE E IN DUE COURSE AND ACCORDINGLY HE SUBMIT TED THAT THE APPEALS OF THE ASSESSE E MAY BE DISMISSED AS WITHDRAWN, AS THE ASSESSE E , IN ANY WAY, IS REQUIRED TO WITHDRAW THE APPEALS. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS A CT, 2020, THE ASSESSEE IS INTERESTED IN NOT PROSECUTING THESE APPEALS FILED BEFORE THE TRIBUNAL. SINCE THE ASSESSEE HAS ALREADY FILED THE NECESSARY APPLICATIONS BEFORE THE TAX AUTHORITIES UNDER THE ABOVE SAID SCHEME, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THE APPEALS PENDING. ACCORDINGLY, WE DISMISS THE APPEALS OF THE ASSESSES AS 3 ITA NO S . 1795 TO 1797/BANG/2018 WITHDRAWN. FURTHER THE ASSESSES ARE AT LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSES INT ENDS TO DO SO. 5. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSES ARE DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/ - SD/ - ( N.V. VASUDEVAN ) ( CHANDRA POOJARI ) VICE PRESIDENT ACCOUNTANT MEMBER DATED: 13 . 01.2021 . *REDDY GP COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT (A) 4. PR. CIT 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE