M/s Sujatha Enterprises , Bangalore V. The Deputy Commissioner Of Income Tax Central Circle-2(3), BAngalore

ITA 2238/BANG/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 7057 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 1 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-09-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 07-09-2020
• Assessment Year: 2010-2011
• Appeal Filed On: 23-07-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R PREMI
• Assessee Lawyers: V SRINIVASAN
• Section: 13; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES C BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOU NTANT MEMBER ITA NO. & ASST. YEAR APPELLANT RESPONDENT 1943/BANG/2018 2015 - 16 MRS. RUKIYA, W/O MR. BAVA, NO.1 - 93, KOYYAR HOPUSE, ADDOOR POST,GURPUR, MANGALORE - 574 145 PAN BGAPR 5487H INCOME TAX OFFICER, WARD 1(2), MANGALORE. 2238/BANG/2018 2010 - 11 M/S. SUJATHA ENTERPRISES, NO.520, 7 TH MAIN, 13 TH CROSS, RMV SECOND STAGE, DOLLARS COLONY, BANGALORE - 560 094 PAN AAWFS 0711L DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(3), BANGALORE. ASSESSEE BY: SHRI V. SRINIVASAN, ADVOCATE. REVENUE BY: S MT . R. PREMI, JCIT (D.R) DATE OF HEARING : 0 7 .09 .20 20. DATE OF PRONOUNCEMENT : 07 .09 .20 20. O R D E R PER SHRI CHANDRA POOJARI, A.M. : THE SE APPEALS FILED BY THE ASSESSES ARE DIRECTED AGAINST DIFFERENT ORDER S OF C OMMISSIONER OF INCOME TAX (APPEALS) OF MANGALORE & BANGALAORE . THE ASSESSES ARE AGGRIEVED BY THE DECISION OF LD. CIT (APPEALS) . SINCE COMMON ISSUE IS INVOLVED IN THESE TWO APPEALS, THEY ARE HEARD TOGETHER AND CONSOLIDATED ORDER IS PASSED FOR THE SAKE OF CONVENIENCE. 2 ITA NO S . 1943 & 2238 /BANG/201 8 2. AT THE TIME OF HEARING, THE LEARNED AUTHORISED REPRESENTATIVE SUBMITTED TH A T THESE ASSESSES HAVE OPTED TO FILE AN APPLICATION UNDER THE VIVAD SE VISHWAS ACT, 2020. ACCORDINGLY, LD. AR SUBMITTED THAT THESE APPEALS MAY BE DISMISSED WITH THE LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH LAW, IF THE ASSESSES INTENDE D TO DO SO. 3. ON THE OTHER HAND, THE LEARNED DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE ASSESSES HAVE TO WITHDRAW THE PENDING APPEALS AFTER FILING THE FORM VSV1 AS PER VIVAD SE VISHWAS ACT, 2020. THEREAFTER THE ASSESSES ARE REQUIRED TO FURNISH A COPY OF THE SAME ALONG WITH THE PROOF OF PAYMENT OF TAX AS DETERMINED BY THE TAX OFFICIAL TO THE DEPARTMENT. LD. DR SUBMITTED THAT THE FORM NO.3 SHALL BE ISSUED TO THE ASSESSES IN DUE COURSE AND ACCORDINGLY HE SUBMITTED THAT THE APPEALS OF THE ASSESSES MAY BE DISMISSED AS WITHDRAWN, AS THE ASSESSES, IN ANY WAY, IS REQUIRED TO WITHDRAW THE APPEALS. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSES HAS OPTED FOR VIVAD SE VISHWAS ACT, 2020, THE ASSESSES ARE INT ERESTED IN NOT PROSECUTING THESE APPEALS FILED BEFORE THE TRIBUNAL. SINCE THE ASSESSES HAVE ALREADY FILED THE NECESSARY APPLICATIONS BEFORE THE TAX AUTHORITIES UNDER THE ABOVE SAID SCHEME, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THE A PPEALS PENDING. ACCORDINGLY, WE DISMISS THE APPEALS OF THE ASSESSES AS WITHDRAWN. FURTHER THE ASSESSES ARE AT LIBERTY TO MOVE APPROPRIATE APPLICATION FOR 3 ITA NO S . 1943 & 2238 /BANG/201 8 RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSES INTENDS TO DO SO. 5. I N THE RESULT, BOTH THE APPEAL S OF THE ASSESSES ARE DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/ - SD/ - ( N.V. VASUDEVAN ) ( CHANDRA POOJARI ) VICE PRESIDENT ACCOUNTANT MEMBER DATED: 07 .09. 20 20 . *REDDY GP COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT (A) 4. PR. CIT 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE