M/s. United Spirits Limited (Successor to Shaw Wallace Distilleries Limited), Bangalore V. Joint Commissioner Of Income Tax, Special Range - 7, Bangalore

ITA 2666/BANG/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7178 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 25-01-2021
• Assessment Year: 2004-2005
• Appeal Filed On: 30-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES A, BANGALORE BEFORE SHRI GEORGE GEORGE K, JM & SHRI B.R.BASKARAN, AM ITA NO.2665/BANG/2019 : ASST.YEAR 2004-2005 ITA NO.2666/BANG/2019 : ASST.YEAR 2004-2005 M/S.UNITED SPIRITS LIMITED (SUCCESSOR TO SW FINANCE CO.LTD EARLIER KNOWN AS SHAW WALLACE BREWERIES), UB TOWER,6 TH FLOOR NO.24, VITTAL MALLYA ROAD BANGALORE 560 001. PAN : AACCM8043J. V. THE JOINT COMMISSIONER OF INCOME-TAX, SPECIAL RANGE 7 BANGALORE. (APPELLANT) (RESPONDENT) APPELLANT BY : MS.SHREYA LOYALKA, CA RESPONDENT BY : MS.NEERA MALHOTRA, CIT-DR DATE OF HEARING : 25.01.2021 DATE OF PRONOUNCEMENT : 25.01.2021 O R D E R PER GEORGE GEORGE K, JM : THESE APPEALS AT THE INSTANCE OF THE ASSESSEE ARE DIRECTED AGAINST ORDER OF THE CIT(A), DATED 28.12.2006. THE RELEVANT ASSESSMENT YEAR IS 2004-2005. 2. AT THE TIME OF HEARING BEFORE US, THE LEARNED COUNSEL FOR THE ASSESSEE HAS FURNISHED A LETTER DATED 23 RD 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TAX VIVAD SE VISHWAS ACT, FOR SETTLEMENT OF THE DISPUTE, AND ACCORDINGLY, PRAYED THAT THE APPEALS MAY BE TREATED AS WITHDRAWN, WITH LIBERTY TO APPLY FOR A RECALL, IF FORM 1 & 2 FILED BY THE ASSESSEE ARE NOT ACCEPTED BY THE DEPARTMENT FOR ANY REASON.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.2665-2666/BANG/2019 M/S.UNITED SPIRITS LIMITED. 2 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. IN VIEW OF THE SUBMISSION OF THE LEARNED COUNSEL FOR THE ASSESSEE IN HER LETTER DATED 23 RD JANUARY, 2021, WE DISMISSED THE APPEALS AS WITHDRAWN.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 IN THE RESULT, THE APPEALS FILED BY THE ASSESSEE ARE DISMISSED, AS WITHDRAWN.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 25 TH DAY OF JANUARY, 2021 . SD/- SD/- ( B.R.BASKARAN ) ( GEORGE GEORGE K ) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE; DATED : 25 TH JANUARY, 2021. DEVADAS G* COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT(A)-10, BANGALORE 4. THE PR.CIT (CENTRAL), BANGALORE. 5. THE DR, ITAT, BENGALURU. 6. GUARD FILE. ASST.REGISTRAR/ITAT, BANGALORE