M/s. Integarden (India) Private Limited, Bengaluru V. Deputy Commissioner of Income Tax, Circle 3(1)(1), Bengaluru

ITA 2798/BANG/2017

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 9945 (ITAT-BANGALORE)
• Duration Of Justice: 3 year(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 21-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRIYADARSHI MISHRA
• Assessee Lawyers: N O N E

Judgement Text

ITA NO.2798/BANG/2017 INTERGARDEN (INDIA) PVT. LTD., BANGALORE IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: BANGALORE BEFORE SHRI GEORGE GEORGE K., JUDICIAL MEMBER AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER ITA NO.2798/BANG/2017 ASSESSMENT YEAR: 2011-12 INTERGARDEN (INDIA) PVT. LTD. NO.447, SRI SAI HEIGHTS 17 TH CROSS, 17 TH MAIN, 4 TH SECTOR HSR LAYOUT BANGALORE KARNATAKA 560102 PAN NO : AAACI7692H VS. DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE 3(1)(1) BANGALORE APPELLANT RESPONDENT A PPELLANT BY : N O N E RESPONDENT BY : SHRI PRIYADARSHI MISHRA, D.R. DATE OF HEARING : 31.12.2020 DATE OF PRONOUNCEMENT : 31.12.2020 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 23.10.2017 PASSED BY LD CIT(A)-3, BENGALURU FOR THE ASSESSMENT YEAR 2011-12. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. HO WEVER, THE LD A.R OF THE ASSESSEE NAMED M/S T.R. CHADHA & CO LLP, CHA RTERED ACCOUNTANTS HAS FILED A LETTER STATING THAT THE ASS ESSEE HAS OPTED TO SETTLE THE DISPUTE IN ITS APPEAL UNDER DIRECT TAXES VIVAD SE VISHWAS ACT, 2020. IT IS FURTHER STATED THAT THE ASSESSEE HAS FILED FORM NO.1 ITA NO.2798/BANG/2017 INTERGARDEN (INDIA) PVT. LTD., BANGALORE PAGE 2 OF 2 & 2 FOR THE APPEAL FILED BY THE ASSESSEE AND IT HAS ALSO RECEIVED FORM NO.3. ACCORDINGLY IT IS SUBMITTED THAT APPEAL OF T HE ASSESSEE MAY BE DISMISSED AS WITHDRAWN. 3. WE HEARD LD D.R, WHO DID NOT OBJECT TO THE PR AYER OF THE ASSESSEE. SINCE THE ISSUES CONTESTED IN THE APPEAL OF THE ASS ESSEE HAVE BEEN SETTLED UNDER THE DIRECT TAXES VIVAD SE VISHWAS ACT , 2010, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. H OWEVER, WE GIVE LIBERTY TO THE ASSESSEE TO SEEK RECALL OF THIS ORDE R IN ACCORDANCE WITH LAW, IF THE CIRCUMSTANCES SO WARRANT. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST DEC, 2020 SD/- (GEORGE GEORGE K. ) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 31 ST DEC, 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.