The Assistant Commissioner Of Income Tax, Circle- 1, Vijayapur V. Shri. G Shankar, Vijayapur

ITA 2555/BANG/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9646 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 04-01-2021
• Assessment Year: 2014-2015
• Appeal Filed On: 18-12-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R PREMI

Judgement Text

ITA NO.2555/BANG/2019 & ITA NO.5/BANG/2020 SHRI G. SHANKAR, VIJAYAPUR IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER ITA NO.2555/BANG/2019 ASSESSMENT YEAR: 2014-15 ACIT CIRCLE-1 VIJAYAPUR VS. SHRI G. SHANKAR SHAMILI, STATION ROAD, GYANI COLONY VIJAYAPUR PAN NO : AJDPS2341E APPELLANT RESPONDENT ITA NO.5/BANG/2020 ASSESSMENT YEAR: 2015-16 ACIT CIRCLE-1 VIJAYAPUR VS. SHRI G. SHANKAR VIJAYAPUR APPELLANT RESPONDENT APPELLANT BY : SMT. R. PREMI, D.R. RE SPONDENT BY : SHRI PRANAV KRISHNA, A.R. DATE OF HEARING : 04.01.2021 DATE OF PRONOUNCEMENT : 04.01.2021 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE REVENUE HAS FILED THESE TWO APPEALS CHALLENGING THE SEPARATE ORDERS DATED 27-09-2019 PASSED BY LD CIT(A )-2, PANAJI, GOA AND THEY RELATE TO THE ASSESSMENT YEARS 2014-15 AND 2015-16. ITA NO.2555/BANG/2019 & ITA NO.5/BANG/2020 SHRI G. SHANKAR, VIJAYAPUR PAGE 2 OF 3 2. THE LD A.R OF THE ASSESSEE HAS FILED A LETTER ST ATING THAT HE IS OPTING TO SETTLE THE ISSUES FOR BOTH THESE YEARS UN DER DIRECT TAXES VIVAD SE VISHWAS ACT, 2020 AND HAS FILED FORM 1 AND 2. THE LD A.R SUBMITTED THAT THE ASSESSEE HAS NOT RECEIVED FORM N O.3. ACCORDINGLY HE SOUGHT ADJOURNMENT OF THE MATTERS. HOWEVER, THE LD A.R SUBMITTED THAT THE BANGALORE BENCH OF TRIBUNAL IS D ISMISSING THE APPEALS IN SUCH KIND OF CASES GIVING LIBERTY TO SEE K RECALL OF THE ORDER. 3. THE LD D.R, SUBMITTED THAT THE APPEALS HAVE B EEN FILED BY THE REVENUE AND HENCE, IF THE APPEALS ARE DISMISSED AND IF SOMETHING GOES WRONG WITH THE APPLICATIONS FILED BY THE ASSES SEE FOR SETTLEMENT OF DISPUTES, THEN THE REVENUE SHOULD BE GIVEN LIBER TY TO FILE APPLICATIONS SEEKING RECALL OF THE ORDER. THE LD D .R FURTHER SUBMITTED THAT THE ASSESSEE SHOULD BE DIRECTED TO I NTIMATE THE AO ABOUT THE RESULTS OF THE APPLICATIONS FILED BY IT A ND IF THEY DO NOT GO THROUGH AS DESIRED BY THE ASSESSEE, THEN THE ASSESS EE SHOULD PERSUADE THE AO TO FILE NECESSARY APPLICATIONS FOR RECALL OF THIS ORDER WITHIN THE STATUTORY TIME LIMIT PRESCRIBED UNDER TH E ACT. 4. WE HEARD THE PARTIES AND PERUSED THE RECORD. S INCE THE ASSESSEE HAS ALREADY FILED APPLICATIONS UNDER VSVS ACT FOR B OTH THE YEARS, WE ARE OF THE VIEW THAT NO PURPOSE WOULD BE SERVED IN KEEPING THESE APPEALS PENDING, SINCE THE PRESENT APPEALS HAVE TO BE WITHDRAWN BY THE REVENUE ONCE THE DISPUTE IS SETTLED UNDER THE A BOVE SAID ACT. ACCORDINGLY, WE DISMISS BOTH THE APPEALS OF THE REV ENUE. 5. HOWEVER, WE FIND MERIT IN THE SUBMISSIONS MAD E BY LD D.R. SINCE THESE APPEALS FILED BY THE REVENUE ARE DISMIS SED BY US AT THE INSTANCE OF THE ASSESSEE, WE DIRECT THE ASSESSEE TO PERSUADE THE AO TO FILE NECESSARY APPLICATIONS FOR RECALL OF THIS O RDER IN ACCORDANCE ITA NO.2555/BANG/2019 & ITA NO.5/BANG/2020 SHRI G. SHANKAR, VIJAYAPUR PAGE 3 OF 3 WITH LAW WITHIN THE STATUTORY TIME PERIOD, IF SOMET HING GOES WRONG IN RESPECT OF APPLICATIONS FILED BY THE ASSESSEE UNDER VSVS ACT. 6. IN THE RESULT, BOTH THE APPEALS OF THE REVEN UE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 4 TH JAN, 2021. SD/- (N.V. VASUDEVAN ) VICE PRESIDENT SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 4 TH JAN, 2021. 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.