Sri. R C Subramanyam, Bangalore V. Tax Recovery Officer, Range-7, Bengalore

ITA 1871/BANG/2018

• Counselvise Citation: [2021] 129 COUNSELVISE.COM (IT) 9859 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 7 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 18-01-2021
• Assessment Year: 2005-2006
• Appeal Filed On: 30-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ONGDA TSHERING

Judgement Text

ITA NO.1871/BANG/2018 SRI R.C. SUBRAMANYAM, BENGALURU IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER ITA NO.1871/BANG/2018 ASSESSMENT YEAR: 2005-06 SRI R.C. SUBRAMANYAM NO.E-14, SHAKARMUTT ROAD BASAVANGUDI BENGALURU-560 004 PAN NO : AAGHR9627G VS. TAX RECOVERY OFFICER RANGE-7 BENGALURU APPELLANT RESPONDENT APPELLANT BY : SHRI RAVI SHANKAR, A.R. RESPONDENT BY : SHRI ONGDA TSHERING, D.R. DATE OF HEARING : 18.01.2021 DATE OF PRONOUNCEMENT : 18.01.2021 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 23.03.2018 PASSED BY LD CIT(A)-10, BENGALURU AND IT RELATES TO THE ASSESSMENT YEAR 2005-06. 2. THE LD A.R OF THE ASSESSEE HAS FILED A LETTE R STATING THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE IN THESE T WO APPEALS UNDER DIRECT TAXES VIVAD SE VISHWAS ACT, 2020. IT IS STA TED THAT THE ASSESSEE HAS FILED FORM 1 & 2 AND IS AWAITING FORM NO.3. ACCORDINGLY, THE LD A.R HAS SOUGHT ADJOURNMENT. 3. THE LD D.R, HOWEVER, SUBMITTED THAT THE ASSES SEE HAS TO WITHDRAW THE PENDING APPEAL AFTER FILING FORM VSV1 AS PER VIVAD SE VISHWAS ACT, 2020. THEREAFTER, THE ASSESSEE IS REQ UIRED TO FURNISH A ITA NO.1871/BANG/2018 SRI R.C. SUBRAMANYAM, BENGALURU PAGE 2 OF 2 COPY OF THE SAME ALONG WITH THE PROOF OF PAYMENT OF TAX AS DETERMINED BY THE TAX OFFICIAL TO THE DEPARTMENT. ACCORDINGLY HE SUBMITTED THAT NO PURPOSE SHALL BE SERVED IN KEEPING THE APPEAL PE NDING. 4. WE HEARD THE PARTIES AND PERUSED THE RECORD. THE SUBMISSIONS MADE BY PARTIES ARE CONSIDERED. SINCE THE ASSESSEE HAS FILED APPLICATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 FOR SETTLING THE ISSUES FOR THE YEAR UNDER CONSIDERATIO N, NO PURPOSE SHALL BE SERVED IN KEEPING THE APPEAL PENDING. HOWEVER, T HE ASSESSEE IS GIVEN LIBERTY TO MOVE APPROPRIATE APPLICATION SEEKI NG RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF THE SA ME IS WARRANTED. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE I S DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH JAN, 2021. SD/- (N.V. VASUDEVAN ) VICE PRESIDENT SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 18 TH JAN, 2021. VG/SPS COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASST. REGISTRAR, ITAT, BANGALORE.