M/s Rajesh Enterprises , Hubli V. Assistant Commissioner of Income Tax Circle-3(1), Hubli

ITA 18/BANG/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2935 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 10 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 24-11-2020
• Assessment Year: 2011-2012
• Appeal Filed On: 04-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: KANNAN N J CIT BENGALURU
• Section: 254(2); 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI. CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI. PAVAN KUMAR GADALE , JUDICIAL MEMBER ITA N O S . 17 TO 2 0 /BANG/20 1 9 ASSESSMENT YEARS : 2010-11 TO 2013-14 M/S. RAJESH ENTERPRISES, UGARGOL BUILDING, BARDAN GALLI, HUBLI 20. PAN : A A DFR 4941 C VS. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 3(1), HUBLI. APPELLANT RESPONDENT ASSESSEE BY : S HRI . PRANAV KRISHNA , A DVOCATE REVENUE BY : SHRI. KANNAN N , J CIT (DR)(ITAT), BENGALURU DATE OF HEARING : 2 4 . 11 .2020 DATE OF PRONOUNCEMENT : 24 . 11 .2020 O R D E R PER BENCH: THESE ARE THE APPEALS FILED BY THE ASSESSEE AGAINST THE SEPARATE ORDERS OF CIT(A), HUBLI, DATED 16.10.2018. 2. AT THE TIME OF HEARING, LEARNED AR OF THE ASSESSEE SUBMITTED THAT LETTER DATED 24 TH NOVEMBER, 2020 IS FILED STATING THAT THE ASSESSEE IS INTENDING TO SETTLE THE LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHEME, 2020, AND HAS FILED FORM NO.1 AND 2 UNDER THE VIVAD SE VISHWAS SCHEME, 2020. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION. ITA NOS. 17 TO 20/BANG/2019 PAGE 2 OF 2 3. WE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD. THE ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS SCHEME, 2020, AND HAS FILED FORM NOS.1 AND 2. SINCE THE ASSESSEE HAS ALREADY FILED THE APPLICATION, OPTING FOR VIVAD SE VISHWAS SCHEME, 2020, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THE APPEALS PENDING. ACCORDINGLY, WE DISMISS THE APPEALS OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS AT LIBERTY TO MOVE AN APPLICATION UNDER SECTION 254(2) OF THE ACT TO RECALL THE PRESENT ORDER IF THE ASSESSEE INDENTS TO DO SO, IN ACCORDANCE WITH THE PROVISIONS OF LAW. 4. IN THE RESULT, ALL THE FOUR APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- SD/- (CHANDRA POOJARI) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE, DATED: 24.11. 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.