Shri. Sardarmal Surana, Bangalore V. The Income Tax Officer, Ward-15(4), Bangalore

ITA 2383/BANG/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 6812 (ITAT-BANGALORE)
• Duration Of Justice: 9 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-09-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 01-09-2020
• Assessment Year: 2007-2008
• Appeal Filed On: 19-11-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL S.M.C A BENCH: BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOU NTANT MEMBER ITA NO. & ASST. YEAR APPELLANT RESPONDENT 23 83 /BANG/201 9 20 07 - 08 SHRI SARDARMAL SURANA, NO.36, MARUTHI SURANA BHAWAN, THAMBUCHETTY ROA D, BANGALORE - 560 005 . PAN AJAPS 4286K INCOME TAX OFFICER, WARD 1 5(4), BANGALORE. 2 3 84 /BANG/201 9 20 07 - 08 SHRI UMESH SURANA, NO.36, THAMBUCHETTY ROAD, BANGALORE - 560 005 PAN AVTPS 2678C - DO - 2116/BANG/2019 2008 - 09 SHRI SITARAM SARDA (HUF) BY MANAGER, SOHANI SARDA, NO.C - 278, PEENYA INDL.ESTATE, BANGALORE - 560 058 PAN AAMHS 1796P INCOME TAX OFFICER, WARD 6(2)(3), BANGALORE. ASSESSE S BY: SHRI SIDDHARTH BHANDARI, C.A. REVENUE BY: S HRI GANESH R GHALI, STANDING COUNSEL. DATE OF HEARING : 10 .09 .20 20. DATE OF PRONOUNCEMENT : 10 .09 .20 20. O R D E R THE SE T HREE APPEALS FILED BY THE ASSESSES ARE DIRECTED AGAINST DIFFERENT ORDER S OF C OMMISSIONER OF INCOME TAX (APPEALS) , BANGALORE . T HE ASSESSES ARE AGGRIEVED BY THE DECISION OF LD. CIT (APPEAL S). SINCE COMMON ISSUE IS INVOLVED IN THESE T HREE APPEALS, THEY ARE HEARD TOGETHER AND CONSOLIDATED ORDER IS PASSED FOR THE SAKE OF CONVENIENCE. 2 ITA NO S . 23 83, 2384 & 2116 /BANG/201 9 2. AT THE TIME OF HEARING, THE LEARNED AUTHORISED REPRESENTATIVE SUBMITTED TH A T THESE ASSESSES HAVE OP TED 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 INT ENDED 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 FU RNISH 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 ASS ESSES MAY BE DISMISSED AS WITHDRAWN, AS THE ASSESSES, IN ANY WAY, IS REQUIRED TO WITHDRAW THE APPEALS. 4. I HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSES HAS OPTED FOR VIVAD SE VISHWAS ACT, 2020, THE ASSESSES AR E INTERESTED 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, I DISMISS THE APPEALS OF THE ASSESSES AS WITHDRAWN. FURTHER THE ASSESSES ARE AT LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSES INTENDS TO DO SO. 3 ITA NO S . 23 83, 2384 & 2116 /BANG/201 9 5. IN 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/ - ( CHANDRA POOJARI ) ACCOUNTANT MEMBER DATED: 10 .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