M/s. Kamaz Motors Ltd., Bangalore V. Assistant Commissioner Of Income Tax, Circle - 4(1)(1), Bengaluru

ITA 197/BANG/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5160 (ITAT-BANGALORE)
• Duration Of Justice: 4 year(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 29-04-2021
• Assessment Year: misc
• Appeal Filed On: 27-01-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: K R VASUDEVAN
• Section: 143(3); 144C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES A, BANGALORE BEFORE SHRI CHANDRA POOJARI, AM & SHRI GEORGE GEORGE K, JM IT(TP)A NO.197/BANG/2017 : ASST.YEAR 2012-2013 M/S. KAMAZ MOTORS LIMITED #3114A, 2 ND FLOOR, 18 TH CROSS, K.R.ROAD, BSK 2 ND STAGE BANGALORE 560 070. PAN : AAACT5190R. V. THE ASST.COMMISSIONER OF INCOME-TAX, CIRCLE 4(1)(1) BANGALORE. (APPELLANT) (RESPONDENT) APPELLANT BY : SRI.K.R.VASUDEVAN, ADVOCATE RESPONDENT BY : MS.NEERA MALHOTRA, CIT-DR DATE OF HEARING : 08.02.2021 DATE OF PRONOUNCEMENT : 08.02.2021 O R D E R PER CHANDRA POOJARI, AM : THIS APPEAL AT THE INSTANCE OF THE ASSESSEE IS DIRECTED AGAINST THE FINAL ASSESSMENT ORDER DATED 30.11.2016 PASSED U/S 143(3) R.W.S. 144C OF THE I.T.ACT. THE RELEVANT ASSESSMENT YEAR IS 2012-2013. 2. AT THE TIME OF HEARING BEFORE US, THE LEARNED COUNSEL FOR THE ASSESSEE HAS FURNISHED A LETTER DATED 29 TH JANUARY, 2021, WHEREIN IT IS STATED THAT THE ASSESSEE HAS OPTED FOR FILING THE APPLICATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, FOR SETTLEMENT OF THE DISPUTE, AND ACCORDINGLY, PRAYED THAT THE APPEAL MAY BE TREATED AS WITHDRAWN, WITH LIBERTY TO APPLY FOR A RECALL, IF FORM 1 & 2 FILED BY THE ASSESSEE ARE NOT ACCEPTED BY THE DEPARTMENT FOR ANY REASON. IT(TP)A NO.197/BANG/2017 M/S.KAMAZ MOTORS LIMITED. 2 3. WE HAVE HEARD RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. IN VIEW OF THE SUBMISSION OF THE LEARNED COUNSEL FOR THE ASSESSEE IN HIS LETTER DATED 29 TH JANUARY, 2021, WE DISMISSED THE APPEAL AS WITHDRAWN. THE ASSESSEE IS GIVEN LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALLING THE PRESENT ORDER IN ACCORDANCE WITH LAW, IF THE ASSESSEE INTENDS TO DO SO. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED, AS WITHDRAWN. ORDER PRONOUNCED ON THIS 08 TH DAY OF FEBRUARY, 2021 . SD/- SD/- ( GEORGE GEORGE K ) ( CHANDRA POOJARI ) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE; DATED : 08 TH FEBRUARY, 2021. DEVADAS G* COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE DRP-1, BANGALORE 4. THE PR.CIT, BANGALORE. 5. THE DR, ITAT, BENGALURU. 6. GUARD FILE. ASST.REGISTRAR/ITAT, BANGALORE