M/s. Vizury Interactive Solutions Private Limited ( Now known as Lemnisk Private Limited), Bangalore V. Deputy Commissioner Of Income Tax, Circle-7(1)(2), Bangalore

ITA 2636/BANG/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7227 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 21-01-2021
• Assessment Year: 2015-2016
• Appeal Filed On: 26-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT AND SHRI B. R. BASKARAN , ACCOUNTANT MEMBER IT (TP) A NO S . 2635 AND 2636 /BANG/20 1 9 ASSESSMENT YEARS : 2014-15 AND 2015-16 M/S. VIZURY INTERACTIVE SOLUTIONS PVT. LTD., SECOND FLOOR, NO.135, 1 ST CROSS, 5 TH BLOCK, KORAMANGALA, BENGALURU 560 095. PAN : AACCV 8881 B VS. THE INCOME TAX OFFICER, WARD 7(1)(2), BENGALURU 560 095. APPELLANT RESPONDENT ASSESSEE BY : SHRI . SIDDANNA BIRADAR , C A REVENUE BY : SHRI. TSHERING ONGDA, JCIT (DR) (ITAT), BENGALURU. DATE OF HEARING : 2 1 .1.2021 DATE OF PRONOUNCEMENT : 21 .1.2021 O R D E R PER N. V. VASUDEVAN, VICE PRESIDENT THESE ARE APPEALS BY THE ASSESSEE AGAINST 2 ORDERS BOTH DATED 28.10.2019 OF CIT(A)-7, BENGALURU, RELATING TO ASSESSMENT YEARS 2014-15 AND 2015-16. 2. THE LEARNED AR OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE IN THESE APPEALS UNDER THE DIRECT TAX VIVAD SE VISHWAS SCHEME, 2020 AND HAS REQUESTED FOR ADJOURNMENT OF THE APPEALS. 3. IN THE COURSE OF HEARING, IT WAS THE PROPOSITION PUT FORWARD BY THE BENCH THAT UNDER THESE FACTS, THE APPEALS OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN AND LIBERTY MAY BE GRANTED TO THE ASSESSEE TO APPROACH THIS IT(TP)A NOS.2635 AND 2636/BANG/2019 PAGE 2 OF 2 TRIBUNAL FOR RECALL OF THIS ORDER UNDER SECTION 254(2) OF THE ACT IN CASE THE ASSESSEE FINALLY OPTS OUT OF VIVAD SE VISHWAS SCHEME, 2020. IN REPLY, IT WAS SUBMITTED BY LEARNED AR OF THE ASSESSEE THAT IF THE LIBERTY IS GRANTED TO THE ASSESSEE, THEN WE HAVE NO OBJECTION ABOUT DISMISSAL OF THE APPEALS AS WITHDRAWN. 4. THE APPEALS ARE ACCORDINGLY DISMISSED AS WITHDRAWN. THE ASSESSEE IS HOWEVER AT LIBERTY TO SEEK RECALL OF THIS ORDER IN CASE THE ASSESSEE IS NOT ABLE TO SETTLE THE DISPUTE UNDER THE SCHEME. 5. IN THE RESULT, ASSESSEES APPEALS ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- SD/- SD/- SD/- BANGALORE, DATED:21.1.2021. /NS/* COPY TO: 1. APPELLANTS 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE. (B. R. BASKARAN) (N. V. VASUDEVAN) ACCOUNTANT MEMBER VICE PRESIDENT