M/s. Nagson & Co., Bengaluru V. Assistant Commissioner Of Income Tax, Circle- 6(2)(1), Bengaluru

ITA 2335/BANG/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7081 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 4 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 07-04-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 11-11-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MUZAFFAR HUSSAIN
• Assessee Lawyers: S V RAVISHANKAR

Judgement Text

ITA NOS.2335 & 2336/BANG/2019 M/S. NAGSON & CO., BENGALURU IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: BANGALORE BEFORE SHRI B. R. BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA NOS.2335 & 2336/BANG/2019 ASSESSMENT YEAR: 2011-12 & 2012-13 M/S. NAGSON & CO. NO.42, INDUSTRIAL SUBURB 2 ND STAGE, YESHWANTPUR BENGALURU-560 022 KARNATAKA PAN NO : AABFN1805B VS. ACIT CIRCLE-6(2)(1) BENGALURU APPELLANT RESPONDENT APPELLANT BY : SHRI S.V. RAVI SHANKAR, A.R. RESPONDENT BY : SHRI MUZAFFAR HUSSAIN, D.R. DATE OF HEARING : 07.04.2021 DATE OF PRONOUNCEMENT : 07.04.2021 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THESE TWO APPEALS CHALLENGI NG THE ORDER DATED 30.08.2019 PASSED BY LD CIT(A)-6, BENGALURU A ND IT RELATES TO THE ASSESSMENT YEARS 2011-12 & 2012-13. 2. THE LD COUNSEL FOR THE ASSESSEE SHRI RAVI S HANKAR, ADVOCATE HAS FURNISHED A LETTER STATING THAT THE ASSESSEE HA S OPTED TO SETTLE THE DISPUTES UNDER DIRECT TAX VIVAD SE VISHWAS ACT FOR SETTLEMENT OF THE DISPUTE BY FILING FORM NO.1 & 2 AND AWAITING FO R FORM NO.3. ACCORDINGLY THE LD A.R HAS SOUGHT ADJOURNMENT OF TH E CASES. ITA NOS.2335 & 2336/BANG/2019 M/S. NAGSON & CO., BENGALURU PAGE 2 OF 3 3. THE LD D.R, HOWEVER, SUBMITTED THAT THE ASSES SEE HAS TO WITHDRAW THE PENDING APPEALS AFTER FILING FORM VSV1 AS PER DIRECT TAX VIVAD SE VISHWAS ACT, 2020. THEREAFTER, THE AS SESSEE IS 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 . ACCORDINGLY HE SUBMITTED THAT THE APPEALS OF THE ASSESSEE MAY BE D ISMISSED AS WITHDRAWN, AS THE ASSESSEE, IN ANY WAY, IS REQUIRED TO WITHDRAW THE APPEALS. HE SUBMITTED THAT THE BANGALORE BENCH OF TRIBUNAL IS GIVING LIBERTY TO THE ASSESSEE TO SEEK RECALL OF THE ORDER , IF SO WARRANTED. 4. WE HEARD THE PARTIES AND PERUSED THE RECORD. SINCE THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTES UNDER DIRECT TAX V IVAD SE VISHWAS ACT, 2020, THE APPELLANT WOULD BE MOVING APPLICATIO NS FOR WITHDRAWING THE PRESENT APPEALS FILED BEFORE THE TR IBUNAL IN DUE COURSE. ACCORDINGLY, WE ARE OF THE VIEW THAT NO PUR POSE WILL BE SERVED IN KEEPING THESE APPEALS PENDING. ACCORDINGLY WE D ISMISS THE APPEALS OF THE ASSESSEE AS WITHDRAWN. HOWEVER, THE ASSESSEE IS GIVEN LIBERTY TO MOVE APPROPRIATE APPLICATIONS FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSEE INTENDS TO DO SO. 5. IN THE RESULT, THE APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 7 TH APR, 2021 SD/- (BEENA PILLAI) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 7 TH APR, 2021. VG/SPS ITA NOS.2335 & 2336/BANG/2019 M/S. NAGSON & CO., BENGALURU PAGE 3 OF 3 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.