M/s EnviroConstruction Company , Bangalore V. The Income TAx Officer Ward-4(4), Bangalore

ITA 1924/BANG/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2682 (ITAT-BANGALORE)
• Duration Of Justice: 3 year(s) 1 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 24-11-2020
• Assessment Year: 2008-2009
• Appeal Filed On: 28-09-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R PREMI

Judgement Text

ITA NO.1924/BANG/2017 M/S. ENVIRO CONSTRUCTION COMPANY, BANGALORE 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.1924/BANG/2017 ASSESSMENT YEAR: 2008-09 M/S. ENVIRO CONSTRUCTION COMPANY NO.156, SINDHU RASHMI, 3 RD CROSS, I PHASE, GIRINAGAR BANGALORE-560 085 PAN NO : AABFE7390N VS. ITO WARD-4(4) BANGALORE APPELLANT RESPONDENT APPELLANT BY : SMT. SOUMYA, A.R. RESPONDENT BY : SMT. R. PREMI, D.R. DATE OF HEARING : 24.11.2020 DATE OF PRONOUNCEMENT : 24.11.2020 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 09-06-2017 PASSED BY LD CIT(A)-7, BENGALURU AND IT RELATES TO THE ASSESSMENT YEAR 2008-09. 2. THE LD COUNSEL APPEARING FOR THE ASSESSEE SU BMITTED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE UNDER DIRE CT TAX VIVAD SE VISHWAS ACT FOR SETTLEMENT OF THE DISPUTE. SHE SUB MITTED THAT THE ASSESSEE HAS NOT YET FILED THE RELEVANT FORMS BEFOR E THE DESIGNATED AUTHORITY. ACCORDINGLY, THE LD A.R SOUGHT ADJOURNME NT OF THE CASE. 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 ITA NO.1924/BANG/2017 M/S. ENVIRO CONSTRUCTION COMPANY, BANGALORE PAGE 2 OF 3 VISHWAS ACT, 2020. THEREAFTER, THE ASSESSEE IS REQ UIRED TO FURNISH A COPY OF THE SAME ALONG WITH THE PROOF OF PAYMENT OF TAX AS DETERMINED BY THE TAX OFFICIAL TO THE DEPARTMENT. ACCORDINGLY SHE SUBMITTED THAT THE APPEAL OF THE ASSESSEE MAY BE DISMISSED AS WITH DRAWN, AS THE ASSESSEE, IN ANY WAY, IS REQUIRED TO WITHDRAW THE A PPEAL. 4. THE LD A.R, IN THE REJOINDER, SUBMITTED THA T THE ASSESSEE SHOULD BE GIVEN LIBERTY TO SEEK RECALL OF THE ORDER, IF TH E APPEAL IS DISMISSED BY THE BENCH AND SOMETHING GOES WRONG. 5. WE HEARD THE PARTIES AND PERUSED THE RECORD. SINCE THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE UNDER DIRECT TAX VI VAD SE VISHWAS ACT, 2020, THE APPELLANT WOULD BE MOVING APPLICATIO N FOR WITHDRAWING THE PRESENT APPEAL FILED BEFORE THE TRIBUNAL IN DUE COURSE. THE LD A.R SUBMITTED THAT THE ASSESSEE WOULD BE FILING NEC ESSARY APPLICATIONS BEFORE THE TAX AUTHORITIES UNDER THE A BOVE SAID ACT WITHIN FEW DAYS. HENCE, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THIS APPEAL PENDING. ACCORDINGL Y WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. HOWEVER, THE A SSESSEE 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, THE APPEAL OF THE ASSESSEE I S DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON 24-11-2020 SD/- (N.V. VASUDEVAN ) VICE PRESIDENT SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 24 TH NOV, 2020. VG/SPS ITA NO.1924/BANG/2017 M/S. ENVIRO CONSTRUCTION COMPANY, BANGALORE PAGE 3 OF 3 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.