Shri. Shreyans Jain, Bengaluru V. Income Tax Officer, Ward- 3(2)(4), Bengaluru

ITA 2229/BANG/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7180 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 3 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 25-01-2021
• Assessment Year: 2014-2015
• Appeal Filed On: 18-10-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GANESH R GHALE SR
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC-A BENCH : BANGALORE BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT ITA NO.2229/BANG/2019 ASSESSMENT YEAR : 2014-15 SHRI. SHREYANS JAIN, PROP.: M/S. POLYMERS TRADE, NO.38A, AVALAHALLI, NEAR KHODAYS GLASS FACTORY, BANGALORE 560 070. PAN : AVEPJ 1659 H VS. THE INCOME TAX OFFICER, WARD 3(2)(4), BANGALORE. APPELLANT RESPONDENT ASSESSEE BY : NONE REVENUE BY : SHRI. GANESH R. GHALE , SR. STANDING COUNSEL DATE OF HEARING : 25 .1.2021 DATE OF PRONOUNCEMENT : 25 .1.2021 O R D E R THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDER DATED 16.08.2019 OF CIT(A)-3, BANGALORE, RELATING TO ASSESSMENT YEAR 2014-15. 2. THE LEARNED AR OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE IN THIS APPEAL UNDER THE DIRECT TAX VIVAD SE VISHWAS SCHEME, 2020, HAS ALREADY MADE THE NECESSARY APPLICATION BEFORE THE DESIGNATED AUTHORITY AND HAS REQUESTED FOR ADJOURNMENT OF THE APPEAL. 3. IN THE COURSE OF HEARING, IT WAS THE PROPOSITION PUT FORWARD BY THE BENCH THAT UNDER THESE FACTS, THE APPEAL OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN AND LIBERTY MAY BE GRANTED TO THE ASSESSEE TO APPROACH THIS TRIBUNAL FOR RECALL OF THIS ORDER UNDER SECTION 254(2) OF THE ACT IN CASE THE ITA NO.2229/BANG/2019 PAGE 2 OF 2 ASSESSEE FINALLY OPTS OUT OF VIVAD SE VISHWAS SCHEME, 2020. IN REPLY, IT WAS SUBMITTED BY LEARNED AR OF THE ASSESSEE THAT IF THE LIBERTY IS GRANTED TO THE ASSESSEE, THEN WE HAVE NO OBJECTION ABOUT DISMISSAL OF THE APPEAL AS WITHDRAWN. 4. THE APPEAL IS ACCORDINGLY DISMISSED AS WITHDRAWN. THE ASSESSEE IS HOWEVER AT LIBERTY TO SEEK RECALL OF THIS ORDER IN CASE THE ASSESSEE IS NOT ABLE TO SETTLE THE DISPUTE UNDER THE SCHEME. 5. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- SD/- SD/- SD/- BANGALORE, DATED: 25.1.2021. /NS/* COPY TO: 1. APPELLANTS 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE. ( CHANDRA POOJARI ) (N. V. VASUDEVAN) ACCOUNTANT MEMBER VICE PRESIDENT