M/s. Consulate Constructions, Bangalore V. Assistant Commissioner of Income Tax, Circle-1(1), Bangalore

ITA 1854/BANG/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 7928 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 10 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-08-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 29-07-2020
• Assessment Year: 2002-2003
• Appeal Filed On: 12-09-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRIYADARSHI MISHRA
• Assessee Lawyers: G S PRASHANT

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES B BENCH: BANGALORE BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. & ASSESSMENT YEAR APPELLANT RESPONDENT 1854/BANG/2017 2002 - 03 M/S. CONSULATE CONSTRUCTIONS, UNIT NO.102, CONSULATE 1, NO.1, RICHMOND ROAD, BENGALURU - 560 025 ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(1), BANGALORE. 1855/BANG/2017 2008 - 09 - DO - - DO - 1856/BANG/2017 2010 - 11 - DO - - DO - 2301/BANG/2018 2001 - 02 M/S. CONSULATE CONSTRUCTIONS, RICHMOND ROAD, BENGALURU - 560 025 ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 7(2)(1), BANGALORE. 2302/BANG/2018 2003 - 04 - DO - - DO - 2303/BANG/2018 200 - 04 - 05 - DO - - DO - 2304/BANG/2018 2005 - 06 - DO - - DO - 2305/BANG/2018 2006 - 07 - DO - - DO - 2306/BANG/2018 2009 - 10 - DO - - DO - ASSESSEE BY: SHRI G.S. PRASHANT, C.A. REVENUE BY: SHRI PRIYADARSHI MISHRA, JCIT (D.R) DATE OF HEARING : 29.07 .2020. DATE OF PRONOUNCEMENT : 05 .0 8 .2020. O R D E R PER BENCH : - THE ASSESSEE HAS FILED THES E APPEALS CHALLENGING THE ORDER S PASSED BY LD CIT(A), MYSORE AND LD CIT(A) - 7, BENGALURU AND THEY REL ATE TO THE ASSESSMENT YEARS 20 0 1 - 0 2 TO 2006 - 07 AND 2008 - 09 TO 2010 - 11 . THE ORDERS FOR ASSESSMENT YEARS 2002 - 03, 2008 - 09 AND 2010 - 11 HAVE BEEN FILED BY LD CIT(A), MYSORE AND THE ORDERS FOR REMAINING YEARS HAVE BEEN PASSED BY LD 2 ITA NOS.1854 TO 1856/B ANG/2017 & 2301 TO 2306/BANG/20 18 CIT(A) - 7, BENGALURU. THE ASSESSEE IS AGGRIEVED BY THE DECISION OF LD CIT(A) IN DISMISSING THE APP EALS OF THE ASSESSEE BY CONFIRMING THE ASSESSMENT OF RENTAL INCOME UNDER THE HEAD INCOME FROM HOUSE PROPERTY, AS AGAINST THE CLAIM OF THE ASSESSEE TO ASSESS IT UNDER THE HEAD INCOME FROM BUSINESS. 2 . T HE ASSESSEE HAS FURNISHED A LETTER DATED 28 - 07 - 202 - AND IN THAT LETTER, INTER ALIA, IT IS STATED AS UNDER: - WE WISH TO STATE THAT THE APPELLANT HAS FILED FORM 1 AND FORM 2 UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT ON 29 - 06 - 2020 WITH RESPECT TO ABOVE APPEALS AND FORM 3 IS AWAITED. THE COPY OF FORM 1 & 2 IS ATTACHED HEREWITH. WE WISH TO STATE THAT, ON RECEIPT OF FORM - 3 FROM THE DESIGNATED AUTHORITY, WE WILL BE WITHDRAWING THE ABOVE APPEALS FILED BEFORE THE HONBLE TRIBUNAL AND THUS WE HUMBLY REQUEST THE HONBLE BENCH TO ADJOURN THE CASE IN THE INTERES T OF EQUITY & JUSTICE. ACCORD INGLY THE ASSESSEE HAS PRAYED FOR ADJOURNMENT OF THESE APPEALS. 3 . THE LD D.R, HOWEVER, SUBMITTED THAT THE ASSESSEE HAS TO WITHDRAW THE PENDING APPEAL S AFTER FILING FORM VSV1 AS PER VIVAD SE VISHWAS ACT, 2020. THEREAFTER, THE ASSESSEE 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. H E SUBMITTED THAT THE FORM NO.3 SHALL BE ISSUED TO THE ASSESSEE IN DUE COURSE AND A CCOR D INGLY HE SUBMITTED THAT THE SE APPEALS OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN , AS THE ASSESSEE, IN ANY WAY, IS REQUIRED TO WITHDRAW THE APPEAL . 4 . WE HEARD THE PARTIES AND PERUSED THE RECORD. SINCE THE ASSESSEE HAS FILED APPLICATIONS UNDER VIVAD SE VISHWAS ACT , 2020 FOR SETTLEMENT OF DISPUTE , THE APPELLANT WOULD BE MOVING APPLICATION FOR WITHDRAW ING THE PRESENT APPEAL S FILED BEFORE THE TRIBUNAL IN DUE COURSE . SINCE THE ASSESSEE HAS ALREADY FILED THE NECESSARY APPLICATIONS BEFORE THE TAX AUTHORIT IES UNDER THE ABOVE SAID SCHEME, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN 3 ITA NOS.1854 TO 1856/B ANG/2017 & 2301 TO 2306/BANG/20 18 KEEPING THESE APPEALS PENDING. ACCORDINGLY WE DISMISS ALL THESE APPEALS OF THE ASSESSEE AS WITHDRAW N. 5. THE LD AR REITERATED THE SUBMISSIONS MADE IN THE LETTER FI LED BY THE ASSESSEE SEEKING ADJOURNMENT. WE NOTICE THAT THE ASSESSEE HAS STATED THAT HE HAS NOT RECEIVED FORM NO.3, IN WHICH THE TAX AMOUNT TO BE PAID BY THE ASSESSEE SHALL BE INTIMATED BY THE DEPARTMENT. HENCE THE ASSESSEE HAS SOUGHT ADJOURNMENT TILL TH E TIME FORM NO.3 IS RECEIVED FROM THE DEPARTMENT, MEANING THEREBY, THE ASSESSEE WANTS TO MAKE SURE THAT THE TAX LIABILITY MENTIONED BY HIM IN FORM NO.1 SHOULD GET CONFIRMED BY THE REVENUE . UNDER THESE SET OF FACTS, SINCE WE HAVE DISMISSED THE APPEALS, THE ASSESSEE IS GIVEN LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW , IF THE ASSESSEE INTENDS TO DO SO . 6. IN THE RESULT, ALL THE APPEAL S OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN . PRONOUNCED IN THE OPE N COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/ - SD/ - (PAVAN KUMAR GADALE) (B.R. BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 05.08 .2020. *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