M/s IBC Knowledge park Pvt Ltd, Bengaluru V. Deputy Commissioner of Income Tax, Circle-3(1)(1), Bengaluru

ITA 2562/BANG/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9396 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 8 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-08-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 01-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRIYADARSHI MISHRA
• Assessee Lawyers: C SANDEEP

Judgement Text

ITA NOS.2562 & 2563/BANG/2017 M/S. IBC KNOWLEDGE PARK PRIVATE LTD., BANGALORE IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ITA NOS.2562 & 2563/BANG/2017 ASSESSMENT YEARS: 2013-14 & 2014-15 M/S. IBC KNOWLEDGE PARK PRIVATE LIMITED NO.150, DIAMOND DISTRICT TOWER B, PENT HOUSE OLD AIRPORT ROAD BANGALORE-560 008 PAN NO : AABCI0816L VS. DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE 3(1)(1) BANGALORE APPELLANT RESPONDENT APPELLANT BY : SHRI C. SANDEEP, A.R. RESPONDENT BY : SHRI PRIYADARSHI MISHRA, D.R. DATE OF HEARING : 18.08.2020 DATE OF PRONOUNCEMENT : 18.08.2020 O R D E R PER G. MANJUNATHA, ACCOUNTANT MEMBER: THESE APPEALS FILED BY THE ASSESSEE ARE DIRECTED AG AINST THE ORDER OF CIT(A)-3, BENGALURU DATED 12.10.2017 FOR T HE ASSESSMENT YEARS 2013-14 & 2014-15. 2. AT THE TIME OF HEARING, THE LD A.R SUBMITTED THAT THE ASSESSEE HAS FILED APPLICATIONS UNDER THE DIRECT TAX VIVAD SE VI SHWAS ACT, 2020 AND IS WAITING FOR THE CERTIFICATE IN FORM NO.3 FROM TH E PR. CIT. ACCORDINGLY THE LD A.R SUBMITTED THAT THE MATTER MAY BE KEPT PE NDING. ITA NOS.2562 & 2563/BANG/2017 M/S. IBC KNOWLEDGE PARK PRIVATE LTD., BANGALORE 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 V IVAD SE VISHWAS ACT, 2020. THEREAFTER, THE ASSESSEE IS REQUIRED TO FURN ISH A COPY OF THE SAME ALONG WITH THE PROOF OF PAYMENT OF TAX AS DETERMINE D BY THE TAX OFFICIAL TO THE DEPARTMENT. HE SUBMITTED THAT THE FORM NO.3 SHALL BE ISSUED TO THE ASSESSEE IN DUE COURSE AND ACCORDINGLY HE SUBMI TTED THAT THE APPEALS OF THE ASSESSEE MAY BE DISMISSED AS WITHDRA WN, AS THE ASSESSEE, IN ANY WAY, IS REQUIRED TO WITHDRAW THE A PPEALS. 4. WE HEARD THE PARTIES AND PERUSED THE RECORD. SINCE THE ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS SCHEME, 2020, THE AP PELLANT WOULD BE MOVING APPLICATIONS FOR WITHDRAWING THE PRESENT APP EALS FILED BEFORE THE TRIBUNAL IN DUE COURSE. SINCE THE ASSESSEE HAS ALREADY FILED THE NECESSARY APPLICATIONS BEFORE THE TAX AUTHORITIES U NDER THE ABOVE SAID SCHEME, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THESE APPEALS PENDING. ACCORDINGLY, WE DISMISS TH E APPEALS OF THE ASSESSEE AS WITHDRAWN. 5. THE LD A.R, HOWEVER, SUBMITTED THAT THE ASS ESSEE MAY BE GIVEN LIBERTY TO MOVE APPLICATION FOR RECALL OF THE ORDER , AS THE APPLICATION OF THE ASSESSEE IS YET TO BE ACCEPTED BY THE DEPARTMEN T. WE NOTICE THAT THE ASSESSEE HAS STATED THAT HE HAS NOT RECEIVED FO RM NO.3, IN WHICH THE TAX AMOUNT TO BE PAID BY THE ASSESSEE SHALL BE INTIMATED BY THE DEPARTMENT. HENCE, IT APPEARS THAT THE ASSESSEE WA NTS TO MAKE SURE THAT THE TAX LIABILITY MENTIONED BY HIM IN FORM NO. 1 SHOULD GET CONFIRMED BY THE REVENUE. UNDER THESE SET OF FACTS, SINCE WE HAVE DISMISSED THE APPEALS, THE ASSESSEE IS GIVEN LIBERT Y TO MOVE ITA NOS.2562 & 2563/BANG/2017 M/S. IBC KNOWLEDGE PARK PRIVATE LTD., BANGALORE PAGE 3 OF 3 APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT O RDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSEE INTENDS TO DO SO. 6. IN THE RESULT, THE APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH AUG20 SD/- (N.V. VASUDEVAN ) VICE PRESIDENT SD/- (G. MANJUNATHA) ACCOUNTANT MEMBER BANGALORE, DATED 18 TH AUG, 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.