M/s. Giriraj Ladha, Bangalore V. The Assistant Commissioner Of Income Tax, Central Circle - 2(1), Bangalore

ITA 2601/BANG/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 0780 (ITAT-BANGALORE)
• Duration Of Justice: 5 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-06-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 23-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R PREMI J

Judgement Text

1 ITA NOS. 2601 & 2 60 2 (B)/20 1 9 IN THE INCOME TAX APPELLATE TRIBUNAL, BANGALORE BENCH C BEFORE SHRI N.V.VASUDEVAN, VICE PRESIDENT AND SHRI B.R.BASKARAN, ACCOUNTANT MEMBER ITA NO.2601 /BANG/20 1 9 (ASSESSMENT YEAR : 2014 - 15) SHRI GIRIRAJ LADHA, NO14, 7 TH CROSS, R.D.LAYOUT, BANNERGHATTA ROAD, BANGALORE - 56 0 0 30 PAN NO. ACEPK0979L APPELLANT VS THE A SST. COMMISSIONER OF INCOME TAX OFFICER, CENTRAL CIRCLE - 2(1), B ANGALORE RESPONDENT AND ITA NO . 2602(BANG/2019 (ASSESSMENT YEAR : 2015 - 16) SHRI RAJKUMAR LADHA, NO14, 7 TH CROSS, R.D.LAYOUT,BANNERGHATTA ROAD, BANGALORE - 560 030 PAN NO.A AQPL1177M APPELLANT VS THE ASST. COMMISSIONER OF INCOME TAX OFFICER, CENTRAL CIRCLE - 2(1), B ANGALORE RESPONDENT ASSESSEE BY : NONE REVENUE BY : S MT. R.PREMI,J CIT DATE OF HEARING : 1 0 - 0 6 - 2020 DATE OF PRONOUNCEMENT : - 06 - 2020 O R D E R PER BENCH : BOTH THESE APPEALS ARE FILED BY THE RESPECTIVE ASSESS E ES CHALLENGING THE ORDERS PASSED BY LD CIT(A) , BENGALURU IN THEIR RESPECTIVE HANDS. THE APPEAL FILED BY SHRI GIRIRAJ LADHA RELATES TO AY 2014 - 15 AND THE APPEAL 2 ITA NOS. 2601 & 2 60 2 (B)/20 1 9 FILED BY SHRI RAJKUMAR LADHA RELATES TO THE ASSESSMENT YEARS : 2015 - 16. BOTH T HE ASSESSEE S ARE AGGRIEVED BY THE DECISION OF LD CIT(A) IN CONF IRMING THE PENALTY LEVIED U/S 271AAB OF THE IT ACT, 1961 . 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. HOWEVER, BOTH THE ASSESSEE S HA VE FURNISHED LETTER S SEEKING ADJOURNMENT ON IDENTICAL REASONING. FOR THE SAKE OF CONVENIENCE, WE EXTRACT BELOW THE LETTER DATED 06TH DAY OF JUNE, 2020 WRITTEN BY SHRI GIRIRAJ LADHA : - 1. IN RESPECT OF THE ISSUES DISPUTED IN APPEALS, THE APPELLANT HAS OPTED TO FILE AN APPL ICATION UNDER VIVAD SE VISHWAS ACT, 2020. 2. ACCORDINGLY, THE APPELLANT HAS FILED FORM 1 & 2 UNDER THE SAID ACT ON 20 - 03 - 2020. COPY OF SCREEN SHOT FOR HAVING FILED THE FORMS IS ENCLOSED. 3. UNDER SECTION 5(1) OF THE ACT, THE PENDING APPEAL IS DEEMED TO HAVE BEEN WITHDRAWN ON THE ISSUE OF FORM 3 BY DESIGNATED AUTHORITY. 4. IN CASE OF THE APPELLANT, THE FORM 3 HAS NOT BEEN RECEIVED AND THE SAME IS AWAITED. 5. IN THE CIRCUMSTANCES, IT IS REQUEST THAT THE APPEAL POSTED FOR HEARING ON 10 .06.2020 MAY KIN DLY BE ADJOURNED. ACCORDINGLY THE ASSESSEE HAS PRAYED FOR ADJOURNMENT OF THESE APPEALS. 3. THE LD D.R, HOWEVER, SUBMITTED THAT THE ASSESSEE HAS TO WITHDRAW THE PENDING APPEALS AFTER FILING FORM VSV1 AS PER VIVAD SE VISHWAS SCHEME 2020. THEREAFTER, THE ASSESSEE IS REQUIRED TO FURNISH A COPY OF THE SAME ALONG WITH THE PROOF OF PAYMENT OF TAX AS DETERMINED BY THE TAX OFFICIAL TO THE DEPARTMENT. SHE SUBMITTED THAT THE FORM NO.3 SHALL BE ISSUED TO THE ASSESSEE IN DUE COURSE AND ACCORDINGLY SHE SUBMITTED TH AT THESE APPEALS OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN, AS THE ASSESSEE, IN ANY WAY, IS REQUIRED TO WITHDRAW THE APPEAL. 3 ITA NOS. 2601 & 2 60 2 (B)/20 1 9 4. WE HEARD LD D.R AND PERUSED THE RECORD. SINCE THE ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS SCHEME, 2020, THE APPELLANT W OULD BE MOVING APPLICATION FOR WITHDRAWING THE PRESENT APPEALS FILED BEFORE THE TRIBUNAL IN DUE COURSE. SINCE THE ASSESSEE HAS ALREADY FILED THE NECESSARY APPLICATIONS BEFORE THE TAX AUTHORITIES UNDER THE ABOVE SAID SCHEME, WE ARE OF THE VIEW THAT NO PURPO SE WILL BE SERVED IN KEEPING THESE APPEALS PENDING. ACCORDINGLY WE DISMISS ALL THESE APPEALS OF THE ASSESSEE AS WITHDRAWN. 5. THE ASSESSEE HAS STATED THAT HE HAS NOT RECEIVED FORM NO.3, IN WHICH THE TAX AMOUNT TO BE PAID BY THE ASSESSEE SHALL BE INT IMATED BY THE DEPARTMENT. HENCE THE ASSESSEE HAS SOUGHT ADJOURNMENT TILL THE TIME FORM NO.3 IS RECEIVED FROM THE DEPARTMENT, MEANING THEREBY, THE ASSESSEE WANTS 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 LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSEE INTENDS TO DO SO. 6. IN THE RESULT, ALL T HE THREE APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON 1 0 - 06 - 2020 . (N.V.VASUDEVAN ) (B.R.BASKARAN) VICE PRESIDENT ACCOUNTANT MEMBER BANGALORE DATED : *AM COPY TO : 1. THE ASSESSEE 2. THE REVENUE 3. THE CIT CONCERNED. 4. THE CIT(A) CONCERNED. 5. DR 6. GF BY ORDER ASST. REGISTRAR 4