M/s. Mantri Developers Private Limited (Amalgamated Company In Respect of Proceedings Against The Erstwhile M/s. Mantri Mansion Private Limited), Bangalore V. The Assistant Commissioner Of Income Tax, TDS Circle- 2(1), Bangalore

ITA 2088/BANG/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 7019 (ITAT-BANGALORE)
• Duration Of Justice: 11 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-09-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 07-09-2020
• Assessment Year: 2017-2018
• Appeal Filed On: 30-09-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S SUNDAR RAJAN
• Assessee Lawyers: BHAIRAVKUTTAIAH
• Keywords: TDS

Judgement Text

ITA NO.2088/BANG/2019 M/S. MANTRI DEVELOPERS PVT. LTD., BANGALORE IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: BANGALORE BEFORE SHRI GEORGE GEORGE K., JUDICIAL MEMBER AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER ITA NO.2088/BANG/2019 ASSESSMENT YEAR: 2017-18 M/S. MANTRI DEVELOPERS PVT. LTD. AMALGAMATED COMPANY IN RESPECT OF PROCEEDINGS AGAINST THE ERSTWHILE M/S. MANTRI MANSION PVT. LTD. NO.41, MANTRI HOUSE VITTAL MALLYA ROAD BANGALORE-560 001 PAN NO : AAACG4009N VS. ASST. COMMISSIONER OF INCOME-TAX TDS CIRCLE-2(1) BANGALORE APPELLANT RESPONDENT APPELLANT BY : SHRI BHAIRAV KUTTAIAH, A.R. RESPONDENT BY : SHRI S. SUNDAR RAJAN, D.R. DATE OF HEARING : 07.09.2020 DATE OF PRONOUNCEMENT : 09.09.2020 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 30-07-2019 PASSED BY LD CIT(A)-9, BANGALORE AND IT RELATES TO THE ASSESSMENT YEAR 2017-18. THE ASSESSEE IS AGGRIEVED BY THE DECISION OF LD CIT(A) IN CONFIRMING THE PENALTY LEVIED BY TH E AO U/S 221 OF THE INCOME-TAX ACT,1961 ['THE ACT' FOR SHORT]. ITA NO.2088/BANG/2019 M/S. MANTRI DEVELOPERS PVT. LTD., BANGALORE PAGE 2 OF 4 2. THE AUTHORISED REPRESENTATIVE OF THE ASSESSE E HAS MOVED A LETTER DATED 02 ND DAY OF SEPTEMBER, 2020 SEEKING ADJOURNMENT AND IT READS AS UNDER: - I, V. SRINIVASAN, ADVOCATE AND AUTHORISED REPRESEN TATIVE OF THE ABOVE APPELLANT BEGS TO SUBMIT THE FOLLOWING FOR THE KIND CONSIDERATION AND GRACIOUS FAVOURABLE ORDERS OF THE HONBLE BENCH AS UNDER: 1. THAT THE ABOVE REFERRED APPEAL IS POSTED FOR HEARIN G BEFORE THE HONBLE BENCH ON 07.09.2020. 2. THAT THE ABOVE APPELLANT INSTRUCTS ME TO SUBMIT THA T THE ABOVE APPELLANT HAS FILED FORM 1 AND FORM 2 UNDER THE DIR ECT TAX VIVAD SE VISHWAS ACT WITH RESPECT TO THE ABOVE APPEAL AND IS SUE OF FORM 3 IS AWAITED. UPON RECEIPT OF FORM 3, THE ABOVE APPELLA NT WILL BE WITHDRAWING THE ABOVE APPEAL FILED BEFORE THE HONB LE ITAT, BANGALORE BENCH, BANGALORE TO ENABLE THEM TO SETTLE THE APPEAL UNDER THE SCHEME. 3. THAT UNDER THESE CIRCUMSTANCES, IT IS REQUESTED THA T THE ABOVE CASE MAY KINDLY BE ADJOURNED TO ANY OTHER DATE CONVENIEN T TO THE HONBLE BENCH AFTER THE RECEIPT OF THE CERTIFICATE FROM THE DEPARTMENT. 4. THAT THE INCONVENIENCE CAUSED IN THIS REGARD MAY KI NDLY BE EXCUSED. THE COUNSEL APPEARING ON BEHALF OF THE ASSESSEE HAS PRAYED FOR ADJOURNMENT. 3. THE LD D.R, HOWEVER, SUBMITTED THAT THE ASSES SEE HAS TO WITHDRAW THE PENDING APPEALS AFTER FILING FORM VSV1 AS PER VIVAD SE 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. HE SUBMITTE D THAT THE FORM NO.3 SHALL BE ISSUED TO THE ASSESSEE IN DUE COURSE AND ACCORDINGLY HE SUBMITTED THAT THE APPEAL OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN, AS THE ASSESSEE, IN ANY WAY, IS REQUIRED TO WITHDRAW THE APPEAL. ITA NO.2088/BANG/2019 M/S. MANTRI DEVELOPERS PVT. LTD., BANGALORE PAGE 3 OF 4 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. 5. WE HEARD THE PARTIES AND PERUSED THE RECORD. SINCE THE ASSESSEE HAS ALREADY FILED APPLICATIONS IN FORM 1 AND FORM 2 UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020, THE APPELLANT WOULD BE MOVING APPLICATION FOR WITHDRAWING THE PRESENT APPEAL FILE D BEFORE THE TRIBUNAL IN DUE COURSE. SINCE THE ASSESSEE HAS ALR EADY FILED THE NECESSARY APPLICATIONS BEFORE THE TAX AUTHORITIES U NDER THE ABOVE SAID ACT, WE ARE OF THE VIEW THAT NO PURPOSE WILL B E SERVED IN KEEPING THESE APPEAL PENDING. ACCORDINGLY WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. 6. THE ASSESSEE HAS STATED THAT HE HAS NOT REC EIVED FORM NO.3, IN WHICH THE TAX AMOUNT TO BE PAID BY THE ASSESSEE SHA LL BE INTIMATED BY THE DEPARTMENT. HENCE THE ASSESSEE HAS SOUGHT A DJOURNMENT TILL THE TIME FORM NO.3 IS RECEIVED FROM THE DEPARTMENT, MEANING THEREBY, THE ASSESSEE WANTS TO MAKE SURE THAT THE T AX LIABILITY MENTIONED BY HIM IN FORM NO.1 SHOULD GET CONFIRMED BY THE REVENUE. UNDER THESE SET OF FACTS, SINCE WE HAVE DISMISSED T HE APPEAL, THE ASSESSEE IS GIVEN LIBERTY TO MOVE APPROPRIATE APPLI CATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF TH E ASSESSEE INTENDS TO DO SO. 7. IN THE RESULT, THE APPEAL OF THE ASSESSEE I S DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 9 TH SEPT, 2020 SD/- (GEORGE GEORGE K. ) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 9 TH SEPT, 2020. VG/SPS ITA NO.2088/BANG/2019 M/S. MANTRI DEVELOPERS PVT. LTD., BANGALORE PAGE 4 OF 4 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.