M/s. Jai Bharath Mills Private Limited, Manipal V. Deputy Commissioner Of Income Tax, Circle- 1, Udupi

ITA 2034/BANG/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6391 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 4 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 25-01-2021
• Assessment Year: 2003-2004
• Appeal Filed On: 20-09-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: H ANAND
• Assessee Lawyers: R PRATHIBHA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI. CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA NO.2034/BANG/2019 ASSESSMENT YEAR : 2003-04 M/S JAI BHARATH MILLS PVT. LTD., TILE FACTORY ROAD, MANIPAL-576 104. PAN AAACJ 5213 D VS. THE DY. COMMISSIONER OF INCOME-TAX, CIRCLE-1, UDUPI. APPELLANT RESPONDENT APPELLANT BY : SMT. R PRATHIBHA, ADVOCATE RESPONDENT BY : SHRI H ANAND, ADDL.CIT (DR) DATE OF HEARING : 25-01-2021 DATE OF PRONOUNCEMENT : 01-02-2021 ORDER PER BEENA PILLAI, JUDICIAL MEMBER PRESENT APPEAL BY THE ASSESSEE HAS BEEN FILED BY AS SESSEE AGAINST ORDER DATED 3/7/2019 PASSED BY CIT(A), MANA GALURU FOR ASSESSMENT YEAR 2003-04. 2. AT THE OUTSET, LD.AR VIDE LETTER DATED 23/01/202 1 SUBMITTED THAT ASSESSEE HAS DECIDED TO GO IN FOR VS VS 2020. IT IS ALSO BEEN SUBMITTED THAT ASSESSEE FILED FORM 1 & 2 IN RESPECT OF THESE APPEALS. HE HOWEVER FILED AN ADJOURNMENT APPL ICATION SEEKING DATE TILL THAT RECEIVED FORM 3. PAGE 2 OF 3 ITA NO.2034/BANG/2019 3. LD.SR.DR SUBMITTED THAT THE APPEALS MAY BE DISMI SSED AS NO PURPOSE WILL BE SERVED BY KEEPING THE APPEALS PE NDING. 4. WE HAVE PERUSED SUBMISSIONS ADVANCES BY BOTH SID ES IN LIGHT OF RECORDS PLACED BEFORE US. 5. AS ASSESSEE HAS SOUGHT FOR VSVS- SCHEME 2020, NO PURPOSE WILL BE SERVED IN KEEPING THE PRESENT APPEALS PENDI NG. CONSIDERING THE SITUATION, WE DISMISS THE PRESENT A PPEALS AS WITHDRAWN. HOWEVER, LIBERTY IS GRANTED TO MOVE APPR OPRIATE APPLICATION FOR RECALL OF THIS ORDER, IN ACCORDANCE WITH LAW IF CIRCUMSTANCES SO WARRANT. ACCORDINGLY, ASSESSEES APPEAL FOR YEAR UNDER CONSI DERATION IS ALLOWED TO BE WITHDRAWN WITH LIBERTY. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED AS WI THDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 1 ST FEBRUARY, 2021 SD/- SD/- (CHANDRA POOJARI) (BEENA PILLAI) ACCOUNTANT MEMBER JUDICIAL ME MBER BANGALORE, DATED, THE 1 ST FEBRUARY, 2021. /VMS/ COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE PAGE 3 OF 3 ITA NO.2034/BANG/2019 DATE INITIAL 1. DRAFT DICTATED ON ON DRAGON SR.PS 2. DRAFT PLACED BEFORE AUTHOR -2-2021 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER -2-2021 JM/AM 4. DRAFT DISCUSSEDAPPROVED BY SECOND MEMBER. -2-2021 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS -2-2021 SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON -2-2021 SR.PS 7. DATE OF UPLOADING THE ORDER ON WEBSITE -2-2021 SR.PS 8. IF NOT UPLOADED, FURNISH THE REASON -- SR.PS 9. FILE SENT TO THE BENCH CLERK -2-2021 SR.PS 10. DATE ON WHICH FILE GOES TO THE AR 11. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 12. DATE OF DISPATCH OF ORDER. 13. DRAFT DICTATION SHEETS ARE ATTACHED NO SR.PS