Hasham Investments & Trading Co Pvt Ltd , Bangalore V. Deputy Commissioner of Income Tax Circle-11(4), Bangalore

ITA 2484/BANG/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5554 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 10 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-10-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 23-11-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MANJEET SINGH
• Assessee Lawyers: B K MANJUNATH
• Section: 143(3)

Judgement Text

ITA NO.2484/BANG/2017 HASHAM INVESTMENT AND TRADING COMPANY PVT. LTD., BA NGALORE IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: BANGALORE BEFORE SHRI GEORGE GEORGE K., JUDICIAL MEMBER AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER ITA NO.2484/BANG/2017 ASSESSMENT YEAR: 2009-10 HASHAM INVESTMENT AND TRADING COMPANY PVT. LTD. #134, NEXT TO WIPRO CORPORATE OFFICE, DODDAKANNELLI, SARJAPUR ROAD BANGALORE-560 035 PAN NO : AABCH7520C VS. DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-11(4), (PRESENTLY WITH DCIT-CIRCLE 3(1)(2)) BANGALORE APPELLANT RESPONDENT A PPELLANT BY : SHRI B.K. MANJUNATH, A.R. RESPONDENT BY : SHRI MANJEET SINGH, D.R. DATE OF HEARING : 06.10.2020 DATE OF PRONOUNCEMENT : 06.10.2020 O R D E R PER GEORGE GEORGE K., JUDICIAL MEMBER: THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 25-09-2017 PASSED BY THE CIT(A)-3, BENGALURU FOR AS SESSMENT YEAR 2009-10 U/S 143(3) OF THE INCOME-TAX ACT,1961 ['THE ACT' FOR SHORT]. 2. THE ASSESSEE HAS FURNISHED A LETTER DATED OC TOBER 05, 2020, WHEREIN IT IS STATED THAT THE ASSESSEE HAS FILED AP PLICATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT FOR SETTLEMENT OF T HE DISPUTE AND FORM NO.3 IS AWAITED. ACCORDINGLY, THE ASSESSEE HAS PRAYED THAT THE APPEAL MAY BE ADJOURNED. ITA NO.2484/BANG/2017 HASHAM INVESTMENT AND TRADING COMPANY PVT. LTD., BA NGALORE 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 VIVAD SE VISHWAS ACT, 2020. THEREAFTER, THE ASSESSEE IS REQ UIRED TO FURNISH A COPY OF THE SAME ALONG WITH THE PROOF OF PAYMENT OF TAX AS DETERMINED BY THE TAX OFFICIAL TO THE DEPARTMENT. HE SUBMITTE D THAT THE FORM NO.3 SHALL BE ISSUED TO THE ASSESSEE IN DUE COURSE AND ACCORDINGLY HE SUBMITTED THAT THE APPEAL OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN, AS THE ASSESSEE, IN ANY WAY, IS REQUIRED TO WITHDRAW THE APPEAL. THE LD D.R FURTHER SUBMITTED THAT, IN THIS TYPE OF CASES, THE TRIBUNAL IS GIVING LIBERTY TO SEEK RECALL OF THE OR DER, IF THE APPEAL IS DISMISSED BY THE BENCH. 4. WE HEARD THE PARTIES AND PERUSED THE RECORD. THE SUBMISSIONS MADE BY LD D.R IS CONSIDERED. SINCE THE ASSESSEE H AS ALREADY FILED APPLICATIONS UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020, THE APPELLANT WOULD BE MOVING APPLICATION FOR WITHDRAWI NG THE PRESENT APPEAL FILED BEFORE THE TRIBUNAL IN DUE COURSE. SI NCE THE ASSESSEE HAS ALREADY FILED THE NECESSARY APPLICATIONS BEFORE THE TAX AUTHORITIES UNDER THE ABOVE SAID ACT, WE ARE OF THE VIEW THAT N O PURPOSE WILL BE SERVED IN KEEPING THIS APPEAL PENDING. ACCORDINGL Y WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. 5. 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 ASSESSEE WANTS 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 APPEAL, THE ASSESSEE IS GIVEN LIBERTY TO MOVE APPRO PRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSEE INTENDS TO DO SO. ITA NO.2484/BANG/2017 HASHAM INVESTMENT AND TRADING COMPANY PVT. LTD., BA NGALORE PAGE 3 OF 3 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE I S DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 6 TH OCT, 2020. SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER SD/- (GEORGE GEORGE K.) JUDICIAL MEMBER BANGALORE, DATED 6 TH OCT, 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.