Sri. Ramachandra Prakash, Bangalore V. Income Tax Officer, Ward- 3(2)(4), Bangalore

ITA 2311/BANG/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8499 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 06-11-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRIYADARSHI MISHRA
• Assessee Lawyers: S RAMSUBRAMANIAN
• Keywords: Reasonable cause

Judgement Text

ITA NO.2311 /BANG/2019 SRI RAMACHANDRA PRAKASH, BANGALORE IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: BANGALORE BEFORE SHRI B. R. BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA NO.2311/BANG/2019 ASSESSMENT YEAR: 2009-10 SRI RAMACHANDRA PRAKASH NO.21, ABBAIAH NAIDU STUDIO ROAD CHIKKALASANDRA, UTTARAHALLI BANGALORE-560 061 PAN NO : ADWPP6424C VS. ITO WARD-10(2) {CURRENTLY ASSESSED WITH ITO WARD-3(2)(4)} BANGALORE APPELLANT RESPONDENT APPELLANT BY : SHRI S. RAMSUBRAMANIAN, A.R. RESPONDENT BY : SHRI PRIYADARSHI MISHRA, D.R. DATE OF H EARING : 12.01.2021 DATE OF PRONOUNCEMENT : 12.01.2021 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 13-01-2017 PASSED BY LD CIT(A)-3, BENGALURU AND IT RELATES TO THE ASSESSMENT YEAR 2009-10. 2. THE APPEAL IS BARRED BY LIMITATION BY 967 D AYS. THE ASSESSEE HAS FURNISHED A PETITION PRAYING THE BENCH TO CONDO NE THE DELAY IN FILING THIS APPEAL. IT IS STATED IN THE PETITION T HAT THE ASSESSEE HAD TAKEN LOANS FROM CORPORATION BANK, BUT COULD NOT RE PAY IT DUE TO BUSINESS LOSSES. HENCE THE BUSINESS PREMISE WAS TA KEN POSSESSION BY THE BANK ON 30-01-2017 AND THE IT WAS HANDED OVE R TO THE ITA NO.2311 /BANG/2019 SRI RAMACHANDRA PRAKASH, BANGALORE PAGE 2 OF 4 ASSESSEE ONLY ON 16.01.2019. IT IS STATED THAT THE NOTICES AND ORDER OF LD CIT(A) WERE SERVED ON THE ABOVE SAID ADDRESS AND HENCE THE ASSESSEE WAS NOT AWARE OF THEM. HENCE THE LD CIT(A ) HAS ALSO PASSED EX-PARTE ORDER. AFTER MANAGING THE BANK PROBLEM, T HE ASSESSEE HAS CONSULTED THE PRESENT CA AND FILED THE PRESENT APPE AL RESULTING IN DELAY OF 967 DAYS. ACCORDINGLY, IT WAS STATED THAT THERE WAS REASONABLE CAUSE FOR FILING THE APPEAL BELATEDLY AN D ACCORDINGLY IT IS PRAYED THAT THE DELAY BE CONDONED AND THE APPEAL BE ADMITTED. 3. WE HEARD LD D.R ON THIS PRELIMINARY ISSUE A ND PERUSED THE PETITION FILED BY THE ASSESSEE. HAVING REGARD TO T HE SUBMISSIONS MADE BY THE ASSESSEE IN HIS PETITION, WE ARE OF THE VIEW THAT THERE WAS REASONABLE CAUSE IN FILING THE PRESENT APPEAL B ELATEDLY BEFORE THE TRIBUNAL. ACCORDINGLY, WE CONDONE THE DELAY AND AD MIT THE APPEAL FOR HEARING. 4. THE LD A.R OF THE ASSESSEE SUBMITTED THAT TH E ASSESSEE HAS OPTED TO SETTLE THE DISPUTE IN THIS APPEAL UNDER DI RECT TAXES VIVAD SE VISHWAS ACT, 2020. IT IS STATED THAT THE ASSESSEE HAS FILED FORM 1 & 2 AND IS AWAITING FORM NO.3. ACCORDINGLY, THE LD A. R HAS STATED THE TRIBUNAL MAY PASS SUITABLE ORDER. 5. THE LD D.R, HOWEVER, SUBMITTED THAT THE ASSES SEE HAS TO WITHDRAW THE PENDING APPEAL 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. ACCORDINGLY HE SUBMITTED THAT THE APPEAL OF THE ASSESSEE MAY BE DISMISSED AS WITH DRAWN, AS THE ASSESSEE, IN ANY WAY, IS REQUIRED TO WITHDRAW THESE APPEALS. ITA NO.2311 /BANG/2019 SRI RAMACHANDRA PRAKASH, BANGALORE PAGE 3 OF 4 6. THE LD A.R, IN THE REJOINDER, SUBMITTED THAT IN CASE THE APPEAL IS DISMISSED, THE ASSESSEE SHOULD BE GIVEN LIBERTY TO SEEK RECALL OF THE ORDER, IF SOMETHING GOES WRONG. 7. WE HEARD THE PARTIES AND PERUSED THE RECORD. THE SUBMISSIONS MADE BY PARTIES ARE CONSIDERED. SINCE THE ASSESSEE HAS FILED APPLICATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 FOR SETTLING THE ISSUES FOR THE YEAR UNDER CONSIDERATION, THE AP PELLANT WOULD BE MOVING APPLICATION FOR WITHDRAWING THIS APPEAL FILE D BEFORE THE TRIBUNAL IN DUE COURSE. ACCORDINGLY, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THIS APPEAL PENDI NG. ACCORDINGLY WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. HOWEVER, THE ASSESSEE IS GIVEN LIBERTY TO MOVE APPROPRIATE APPLI CATION SEEKING RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSEE INTENDS TO DO SO. 8. IN THE RESULT, THE APPEAL OF THE ASSESSEE I S DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH JAN, 2021 SD/- (BEENA PILLAI) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 12 TH JAN, 2021. VG/SPS ITA NO.2311 /BANG/2019 SRI RAMACHANDRA PRAKASH, 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.