M/s Thermo King India Pvt Ltd , Bangalore V. Joint Commissioner of Income Tax(OSD) , Bangalore

ITA 2516/BANG/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5077 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 5 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 09-02-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 03-09-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: K R VASUDEVAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES C, BANGALORE BEFORE SHRI CHANDRA POOJARI, AM & SMT.BEENA PILLAI, JM ITA NO.2515/BANG/2018 : ASST.YEAR 2010-2011 ITA NO.2516/BANG/2018 : ASST.YEAR 2011-2012 M/S.THERMO KING INDIA PVT.LTD. 8 TH FLOOR, TOWER D, IBC KNOWLEDGE PARK, NO.4/1, BANNERGHATTA MAIN ROAD, BANGALORE 560 029. PAN : AAACT5233H. V. THE ASST.COMMISSIONER OF INCOME-TAX, CIRCLE 12(4) BANGALORE. (APPELLANT) (RESPONDENT) APPELLANT BY : SRI.K.R.VASUDEVAN, ADVOCATE RESPONDENT BY : SRI.PRADEEP KUMAR, CIT-DR DATE OF HEARING : 09.02.2021 DATE OF PRONOUNCEMENT : 09.02.2021 O R D E R PER CHANDRA POOJARI, AM : THESE APPEALS AT THE INSTANCE OF THE ASSESSEE ARE DIRECTED AGAINST THE ORDERS OF THE CIT(A), BOTH DATED 06.07.2018. THE RELEVANT ASSESSMENT YEARS ARE 2010-2011 AND 2011-2012. 2. AT THE TIME OF HEARING BEFORE US, THE LEARNED COUNSEL FOR THE ASSESSEE HAS FURNISHED A LETTER DATED 15 TH JANUARY, 2021, WHEREIN IT IS STATED THAT THE ASSESSEE HAS OPTED FOR FILING THE APPLICATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, FOR SETTLEMENT OF THE DISPUTE, AND ACCORDINGLY, PRAYED THAT THE APPEALS MAY BE TREATED AS WITHDRAWN, WITH LIBERTY TO APPLY FOR A RECALL, IF FORM 1 & 2 FILED BY THE ASSESSEE ARE NOT ACCEPTED BY THE DEPARTMENT FOR ANY REASON. ITA NOS.2515-2516/BANG/2018 M/S.THERMO KING INDIA PVT.LTD. 2 3. WE HAVE HEARD RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. IN VIEW OF THE SUBMISSION OF THE LEARNED COUNSEL FOR THE ASSESSEE IN HIS LETTER DATED 15 TH JANUARY, 2021, WE DISMISSED THE APPEALS AS WITHDRAWN. THE ASSESSEE IS GIVEN LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALLING THE PRESENT ORDER IN ACCORDANCE WITH LAW, IF THE ASSESSEE INTENDS TO DO SO. 4. IN THE RESULT, THE APPEALS FILED BY THE ASSESSEE ARE DISMISSED, AS WITHDRAWN. ORDER PRONOUNCED ON THIS 09 TH DAY OF FEBRUARY, 2021 . SD/- SD/- ( SMT.BEENA PILLAI ) ( CHANDRA POOJARI ) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE; DATED : 09 TH FEBRUARY, 2021. DEVADAS G* COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT(A)-7, BANGALORE 4. THE PR.CIT-7, BANGALORE. 5. THE DR, ITAT, BENGALURU. 6. GUARD FILE. ASST.REGISTRAR/ITAT, BANGALORE