M/s. L K Trust, Bangalore V. The Deputy Commissioner Of Income Tax, Circle- 8(1), Bengaluru

ITA 1966/BANG/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1880 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 5 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 08-03-2021
• Assessment Year: 2002-2003
• Appeal Filed On: 12-09-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R PREMI

Judgement Text

ITA NOS.1966 TO 1968/BANG/2019 M/S .L.K. TRUST, BENGALURU 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.1966/BANG/2019 ASSESSMENT YEAR: 2002-03 M/S. L.K. TRUST NO.9, SESHADRI ROAD BENGALURU 560 001 PAN NO : AAATL0522A VS. DEPUTY COMMISSIONER OF INCOME-TAX (FORMERLY) CIRCLE-8(1) (NOW ITO WARD-5(2)(3), BENGALURU APPELLANT RESPONDENT ITA NO.1967& 1968/BANG/2019 ASSESSMENT YEAR: 2008-09 & 2009-10 M/S. L.K. TRUST NO.9, SESHADRI ROAD BENGALURU 560 001 PAN NO : AAATL0522A VS. ACIT (FORMERLY), CIRCLE-8(1) (NOW ITO WARD-5(2)(3), BENGALURU APPELLANT RESPONDENT A PPELLANT BY : SHRI V. SRIDHAR, A.R. RESPONDENT BY : SMT. R. PREMI, D.R. DATE OF HEARING : 08.03.2021 DATE OF PRONOUNCEMENT : 08.03.2021 O R D E R PER BENCH: THE ASSESSEE HAS FILED THESE THREE APPEALS CHALLEN GING THE ORDERS PASSED BY LD CIT(A)-12, BENGALURU AND THEY R ELATE TO THE ASSESSMENT YEARS 2002-03, 2008-09 AND 2009-10. 2. THE LD COUNSEL FOR THE ASSESSEE HAS FURNISH ED A LETTER STATING THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTES OF THE ABOVE SAID YEARS UNDER DIRECT TAX VIVAD SE VISHWAS ACT AND HAS ALSO FILED FORM ITA NOS.1966 TO 1968/BANG/2019 M/S .L.K. TRUST, BENGALURU PAGE 2 OF 2 NO.1 & 2. THE LD A.R SUBMITTED THAT THE ASSESSEE I S AWAITING FORM NO.3. ACCORDINGLY THE LD A.R SUBMITTED THAT THESE APPEALS MAY BE ADJOURNED. THE LD A.R SUBMITTED THE BANGALORE BENCH ES OF TRIBUNAL IS DISMISSING THE APPEALS IN SUCH KINDS OF CASES GI VING LIBERTY TO THE ASSESSEE TO SEEK RECALL OF THE ORDER, IF SOMETHING GOES WRONG. 3. WE HEARD LD D.R AND PERUSED THE RECORD. SIN CE THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTES OF THESE THREE YEA RS UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THESE THREE APPEALS PENDING. ACCORDINGLY WE DISMISS THESE APPEALS OF THE ASSESSEE AS WITHDRAWN. HOWEVER, THE ASSESSEE IS GIVEN LIBERTY TO MOVE APPROPRIATE APPLI CATION FOR RECALL OF THE ORDER OF ALL OR ANY OF THE YEARS IN ACCORDANCE WITH THE LAW, IF THE ASSESSEE INTENDS TO DO SO. 4. IN THE RESULT, ALL THE THREE APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH MAR, 2021. SD/- (N.V. VASUDEVAN ) VICE PRESIDENT SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 8 TH MAR, 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.