Ashish Metha - HUF, Bengaluru V. The Income Tax Officer, Ward- 5(2)(4), Bengaluru

ITA 2406/BANG/2019

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 9938 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 1 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 07-01-2021
• Assessment Year: 2008-2009
• Appeal Filed On: 22-11-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GANESH R GHAR DEPT

Judgement Text

ITA NO.2406 & 2407/BANG/2019 ASHISH MEHTA, HUF, BANGALORE IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: BANGALORE BEFORE SHRI GEORGE GEORGE K., JUDICIAL MEMBER AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER ITA NO.2406&2407/BANG/2019 ASSESSMENT YEAR: 2008-09 & 2010-11 ASHISH MEHTA HUF NO.1, POONAM 3 RD CROSS MOUNT JOY EXTENSION HANUMANTH NAGAR BENGALURU 560 019 PAN NO : AAIHA6591C VS. ITO WARD-5(2)(4) BENGALURU APPELLANT RESPONDENT APPELLANT BY : SMT. SUMAN LUNKAR, A.R. RESPONDENT BY : SHRI GANESH R. GHAR, STANDING COUNSEL FOR DEPT. DATE OF HEARING : 31.12.2020 DATE OF PRONOUNCEMENT : 31.12.2020 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THESE APPEALS CHALLENGING TH E ORDERS PASSED BY THE LD CIT(A)-5, BENGALURU FOR THE ASSESS MENT YEARS 2008- 09 AND 2010-11. 2. THE ASSESSEE HAS FILED LETTERS STATING THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE IN THESE TWO APPEALS DIRECT T AXES VIVAD SE VISHWAS ACT, 2020. IT IS FURTHER STATED THAT THE A SSESSEE HAS FILED FORM NO.1 & 2 FOR BOTH THE APPEALS FILED BY THE ASS ESSEE AND IT HAS RECEIVED FORM NO.3 FOR BOTH THE ASSESSMENT YEARS. A CCORDINGLY IT IS ITA NO.2406 & 2407/BANG/2019 ASHISH MEHTA, HUF, BANGALORE PAGE 2 OF 2 SUBMITTED THAT APPEAL OF THE ASSESSEE MAY BE DISMIS SED AS WITHDRAWN. 3. WE HEARD LD D.R, WHO DID NOT OBJECT TO THE PR AYER OF THE ASSESSEE. SINCE THE ISSUES CONTESTED IN BOTH THE APPEALS OF T HE ASSESSEE HAVE BEEN SETTLED UNDER THE DIRECT TAXES VIVAD SE VISHWA S ACT, 2010, WE DISMISS BOTH THE APPEALS OF THE ASSESSEE AS WITHDRA WN. HOWEVER, WE GIVE LIBERTY TO THE ASSESSEE TO SEEK RECALL OF THE ORDER FOR EITHER OF THE YEARS IN ACCORDANCE WITH LAW, IF THE CIRCUMSTANCES SO WARRANT. 4. IN THE RESULT, BOTH THE APPEALS OF THE ASSES SEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST DEC, 2020 SD/- (GEORGE GEORGE K.) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 31 ST DEC, 2020. VG/SPS 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.