Gudwil Housing Limited , Bangalore V. Deputy Commissioner of Income Tax Circle-11(3), Bangalore

ITA 249/BANG/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7882 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 11 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 18-01-2021
• Assessment Year: 1996-1997
• Appeal Filed On: 11-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: PAVAN KRISHNA
• Section: 251

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL S.M.C. C BENCH: BANGALORE BEFORE SHRI GEORGE GEORGE K , JUDICIAL MEMBER ITA NO S . 249 TO 251 /BANG/20 19 (ASSESSMENT YEAR S : 1996 - 97, 1998 - 99 & 1999 - 2000 ) M/S. GUDWIL HOUSING LIMITED, C/O SCOPRIAN SECURITIES LIM ITED, PALACE COMPOUND,VASANTHNAGAR, BANGALORE - 560 052 .APPELLANT . PAN AABCG 9354R VS. DY. COMMISSIONER OF INCOME TAX, CIRCLE 11(3) , BANGALORE. RESPONDENT. ASSESSEE BY: SHRI PAVAN KRISHNA ,ADVOCATE. REVENUE BY: SHRI GANESH R GHALE, STANDING COUNSEL FOR DEPARTMENT. DATE OF HEARING : 18.01 .20 2 1 . DATE OF PRONOUNCEMENT : 18.01.021 . O R D E R T HE SE APPEALS AT THE INSTANCE OF THE ASSESSEE ARE DIRECTED AGAINST DIFFERENT ORDER S OF C OMMISSIONER OF INCOME TAX (APPEALS) - 3, BANGALORE DT.9.10.2018. SINCE COMMON ISSUE IS INVOLVED IN THESE APPEALS, THEY ARE HEARD TOGETHER AND CONSOLIDATED ORDER IS PASSED FOR THE SAKE OF CONVENIENCE. THE RELEVANT ASSESSMENT YEARS ARE 1996 - 97, 1998 - 99 & 1999 - 2000. 2 ITA NO S . 249 TO 251 /BANG/20 19 2. AT THE TIME OF HEARING, THE LEARNED AUTHORISED REPRESENTATIVE SUBMITTED THAT THE ASSESSEE HAS OPTED TO FILE AN APPLICATION UNDER THE VIVAD SE VISHWAS A CT, 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 INTENDED TO DO SO. 3. ON THE OTHER HAND, THE LEARNED DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE ASSESSEE HAS TO WITHDRAW THE PENDING APPEALS AFTER FILING THE FORM VSV1 AS PER VIVAD SE VISHWAS ACT, 2020. THEREAFTER THE ASSESSEE IS REQUIRED TO FURNISH A COPY OF THE SAME ALONG WITH THE PROOF OF PAYMENT O F 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ISSUED TO THE ASSESSES IN DUE COURSE AND ACCORDINGLY HE SUBMITTED THAT THE APPEALS OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN, AS THE ASSESSES, IN ANY WAY, IS REQUIRED TO WITHDRAW THE APPEALS. 4.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 ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS ACT, 2020, THE ASSESSEE IS INTERESTED IN NOT PROSECUTING THESE APPEALS FILED BEFORE THE TRIBUNAL. SINCE THE ASSESSEE IS INTENDED TO FILE THE NECESSARY APPLICATIONS BEFORE THE TAX AUTHORITIES UNDER THE ABOVE SAID SCHEME, I AM OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THE APPEALS PENDING. ACCORDINGLY, I DISMISS THE APPEALS OF THE ASSESSES AS WITHDRAWN. 3 ITA NO S . 249 TO 251 /BANG/20 19 FURTHER THE ASSESSEE IS AT LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSES INTENDS TO DO SO. 5. IN THE RESULT, BOTH THE APPEAL S OF THE ASSESSEE ARE DISMIS SED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/ - ( GEORGE GEORGE K ) JUDICIAL MEMBER DATED: 18.01. 20 2 1 . *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