Sri. Dinesh Devraj Ranka, Bengaluru V. Additional Commissioner of Income tax, Range-8, Bengaluru

ITA 2784/BANG/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9583 (ITAT-BANGALORE)
• Duration Of Justice: 3 year(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 05-01-2021
• Assessment Year: 2009-2010
• Appeal Filed On: 20-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRADEEP KUMAR CIT BANGALORE
• Section: 254(2)

Judgement Text

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 S . 2784 AND 2785 /BANG/20 1 7 ASSESSMENT YEARS : 2009-10 AND 2010-11 SHRI. DINESH DEVRAJ RANKA, NO.31, RANKA CHAMBERS, CUNNIGHAM ROAD, BANGALORE 560 052. PAN : ABHPR 8430 M VS. THE ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE 8, BANGALORE. APPELLANT RESPONDENT ASSESSEE BY : SMT. JINITA CHATTERJEE , A DVOCATE REVENUE BY : SHRI. PRADEEP KUMAR, CIT (DR)(ITAT), BANGALORE DATE OF HEARING : 5.1.2021 DATE OF PRONOUNCEMENT : 5 .1.2021 O R D E R PER N. V. VASUDEVAN, VICE PRESIDENT THESE APPEALS FILED BY THE ASSESSEE ARE AGAINST THE ORDER DATED 26.09.2017 OF CIT(A)-1, BANGALORE, IN RELATION TO ASSESSMENT YEARS 2009-10 AND 2010-11. 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, HAS FILED FORM NO.1 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THAT UNDER THESE FACTS, THE APPEALS OF THE ASSESSEE MAY BE DISMISSED AS ITA NOS.2784 AND 2785/BANG/2017 PAGE 2 OF 2 WITHDRAWN AND LIBERTY MAY BE GRANTED TO THE ASSESSEE TO APPROACH THIS TRIBUNAL FOR RECALL OF THIS ORDER UNDER SECTION 254(2) OF THE ACT IN CASE THE ASSESSEE FINALLY OPTS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ASSESSEE THAT IF THE LIBERTY IS GRANTED TO THE ASSESSEE, THEN WE HAVE NO OBJECTION ABOUT DISMISSAL OF THE APPEALS AS WITHDRAWN. 4. THE APPEALS ARE ACCORDINGLY DISMISSED AS WITHDRAWN.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: 5.1.2021. /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