Shri. Dilip Surana L/R of Late Sri. Ghewarchand Surana, Bengaluru V. Assistant Commissioner Of Income Tax, Circle - 1(2)(1), Bengaluru

ITA 2382/BANG/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 6065 (ITAT-BANGALORE)
• Duration Of Justice: 10 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-09-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 29-09-2020
• Assessment Year: 2008-2009
• Appeal Filed On: 19-11-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R PREMI

Judgement Text

ITA NO.2382/BANG/2019 & ITA NO.2371/BANG/2019 DILIP SURANA & BHAWARI BAI SURANA, BANGALORE IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI B.R. BASKARAN, ACCOUTANT MEMBER ITA NO.2382/BANG/2019 ASSESSMENT YEAR: 2008-09 DILIP SURANA L/R OF LATE SRI GHEWARCHAND SURANA NO.45/3,FAIR FIELD LAYOUT RACE COURSE ROAD BENGALURU-560 001 PAN NO : AJCPS6905K VS. ACIT CIRCLE-1(2)(1) BENGALURU APPELLANT RESPONDENT ITA NO.2371/BANG/2019 ASSESSMENT YEAR: 2008-09 SMT. BHAWARI BAI SURANA L/R OF LATE SRI GHEWARCHAND SURANA NO.45/3,FAIR FIELD LAYOUT RACE COURSE ROAD BENGALURU-560 001 PAN NO : AJCPS6905K VS. ACIT CIRCLE-1(2)(1) BENGALURU APPELLANT RESPONDENT APPELLANT BY : SHRI PRANAV KRISHNA, A.R. RESPONDENT BY : SMT. R. PREMI, D.R. DATE OF HEARING : 29.09.2020 DATE OF PRONOUNCEMENT : 29.09.2020 ITA NO.2382/BANG/2019 & ITA NO.2371/BANG/2019 DILIP SURANA & BHAWARI BAI SURANA, BANGALORE PAGE 2 OF 4 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THESE ASSESSEES HAVE FILED APPEALS CHALLENGING THE ORDERS PASSED BY LD CIT(A)-3, BENGALURU IN THEIR RESPECTIV E HANDS FOR ASSESSMENT YEAR 2008-09. 2. THE AUTHORISED REPRESENTATIVE OF THESE ASSES SEES HAS FURNISHED LETTERS DATED 28TH DAY OF SEPTEMBER, 2020, WHEREIN IT IS STATED THAT THESE ASSESSEES HAVE FILED APPLICATIONS IN FORM 1 A ND FORM 2 UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 FOR SETTLEMEN T OF THE DISPUTE FOR THE ABOVE SAID YEAR. ACCORDINGLY, THE LD A.R HA S SOUGHT ADJOURNMENT OF THE APPEALS. 3. THE LD D.R, HOWEVER, SUBMITTED THAT THESE ASS ESSEES HAVE TO WITHDRAW THE PENDING APPEALS AFTER FILING FORM VSV1 AS PER VIVAD SE VISHWAS ACT, 2020. THEREAFTER, THESE ASSESSEES 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. SHE SUBMITTED THAT THE FORM NO.3 SHALL BE ISSUED TO THE ASSESSEE IN DU E COURSE AND ACCORDINGLY SHE SUBMITTED THAT THESE APPEALS OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN, AS THE ASSESSEES, IN ANY WA Y, ARE REQUIRED TO WITHDRAW THE APPEALS. 4. THE LD A.R APPEARING FOR THE ASSESSEE, IN T HE REJOINDER, SUBMITTED THAT THE ASSESSEES SHOULD BE GIVEN LIBERT Y TO SEEK RECALL OF THE ORDER, IF THE APPEALS ARE DISMISSED BY THE BENC H. 5. WE HEARD THE PARTIES AND PERUSED THE RECORD. SINCE THE ASSESSEES HAVE ALREADY FILED APPLICATIONS IN FORM 1 AND FORM 2 UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020, THE APPELLAN TS WOULD BE ITA NO.2382/BANG/2019 & ITA NO.2371/BANG/2019 DILIP SURANA & BHAWARI BAI SURANA, BANGALORE PAGE 3 OF 4 MOVING APPLICATION FOR WITHDRAWING THE PRESENT APPE ALS FILED BEFORE THE TRIBUNAL IN DUE COURSE. SINCE THE ASSESSEES HA VE ALREADY FILED NECESSARY APPLICATIONS BEFORE THE TAX AUTHORITIES U NDER THE ABOVE SAID ACT, WE ARE OF THE VIEW THAT NO PURPOSE WILL B E SERVED IN KEEPING THESE APPEALS PENDING. ACCORDINGLY WE DISMISS THE APPEAL OF BOTH THE ASSESSEES AS WITHDRAWN. 6. THE LD A.R HAS STATED THAT HE HAS NOT RECEI VED FORM NO.3, IN WHICH THE TAX AMOUNT TO BE PAID BY THE ASSESSEE SHA LL BE INTIMATED BY THE DEPARTMENT AND THE PROCESS WILL BE COMPLETED UPON RECEIPT OF FORM NO.3, MEANING THEREBY, THE ASSESSEES WANT TO M AKE SURE THAT THE TAX LIABILITY MENTIONED BY HIM IN FORM NO.1 SHO ULD GET CONFIRMED BY THE REVENUE. UNDER THESE SET OF FACTS, SINCE WE HAVE DISMISSED THE APPEALS, BOTH THE ASSESSEES ARE GIVEN LIBERTY TO MO VE APPROPRIATE APPLICATIONS FOR RECALL OF THE PRESENT ORDER IN ACC ORDANCE WITH THE LAW, IF THE ASSESSEES INTEND TO DO SO. 7. IN THE RESULT, THE APPEALS OF BOTH THE ASSE SSEES ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH SEPT, 2020. SD/- (N.V. VASUDEVAN ) VICE PRESIDENT SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 29 TH SEPT, 2020. VG/SPS ITA NO.2382/BANG/2019 & ITA NO.2371/BANG/2019 DILIP SURANA & BHAWARI BAI SURANA, 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.