Sri. K. Chandrashekar Reddy, Bengaluru V. The Income Tax Officer, Ward- 1(3)(2), Bengaluru

ITA 2363/BANG/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1971 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 3 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 03-03-2021
• Assessment Year: 2010-2011
• Appeal Filed On: 15-11-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MATHIVANAN
• Assessee Lawyers: NAGHARISH

Judgement Text

ITA NOS.2362 & 2363/BANG/2019 SRI K. CHANDRASHEKAR REDDY, BANGALORE IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: BANGALORE BEFORE SHRI CHANDRA POOJARI , ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA NOS.2362 & 2363/BANG/2019 ASSESSMENT YEARS: 2009-10 & 2010-11 SRI K. CHANDRASHEKAR REDDY FLAT NO.01A, 012 KRISHNA IKON APARTMENTS, ANNASANDRA PALYA HAL POST BENGALURU 560 017 PAN NO : AFYPR4593J VS. ITO WARD-1(3)(2) BENGALURU APPELLANT RESPONDENT APPELLANT BY : SHRI NAGHARISH, A.R. RESPONDENT BY : SHRI MATHIVANAN, D.R. DATE OF HEARING : 03.03.2021 DATE OF PRONOUNCEMENT : 03.03.2021 O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: THESE APPEALS AT THE INSTANCE OF THE ASSESSEE ARE D IRECTED AGAINST CIT(A)S ORDERS DATED 25.07.2019. THE RELEV ANT ASSESSMENT YEARS ARE 2009-10 & 2010-11. 2. AT THE TIME OF HEARING BEFORE US, THE LEARNED CO UNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS OPTING TO F ILE APPLICATION TO RESOLVE THE DISPUTE RAISED IN THESE APPEALS UNDER T HE PROVISIONS OF DIRECT TAX VIVAD SE VISHWAS ACT, 2020, AND PRAYED T HAT THE APPEALS MAY BE ADJOURNED. ITA NOS.2362 & 2363/BANG/2019 SRI K. CHANDRASHEKAR REDDY, BANGALORE PAGE 2 OF 3 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE, HOWEVER , SUBMITTED THAT THE ASSESSEE HAS TO WITHDRAW THE PENDING APPEA LS AFTER FILING FORM VSV1 AS PER VIVAD SE VISHWAS ACT, 2020. THEREA FTER, THE ASSESSEE IS REQUIRED TO FURNISH A COPY OF THE SAME ALONG WITH THE PROOF OF PAYMENT OF TAX AS DETERMINED BY THE TAX OF FICIAL TO THE TO THE DEPARTMENT. HE SUBMITTED THAT FORM NO.3 SHALL BE IS SUED TO THE ASSESSEE IN DUE COURSE AND ACCORDINGLY SUBMITTED TH AT THE APPEALS OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN, AS T HE ASSESSEE IN ANY CASE IS REQUIRED TO WITHDRAW THE APPEALS. 4. WE HAVE HEARD RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. THE SUBMISSIONS MADE BY THE LEARNED DR IS C ONSIDERED. SINCE THE ASSESSEE HAS OPTED FOR FILING THE APPLICA TION UNDER DIRECT TAX VIVAD SE VISHWAS ACT FOR SETTLEMENT OF THE DISP UTE, THE ASSESSEE WOULD BE MOVING APPLICATION FOR WITHDRAWING THE PRE SENT APPEALS FILED BEFORE THE TRIBUNAL IN DUE COURSE. HENCE, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THESE APPEALS PENDING. ACCORDINGLY, WE DISMISS THE APPEALS OF THE ASSESSEE . 5. IN THE RESULT, THE APPEALS FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 3 RD MAR, 2021 SD/- (BEENA PILLAI) JUDICIAL MEMBER SD/- (CHANDRA POOJARI) ACCOUNTANT MEMBER BANGALORE, DATED 3 RD MAR, 2021. VG/SPS ITA NOS.2362 & 2363/BANG/2019 SRI K. CHANDRASHEKAR REDDY, BANGALORE 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.