M/s AO Smith India Water Products Private Limited , Bangalore V. Deputy Commissioner of Income TAx Circle-1(1)(1), Bangalore

ITA 2819/BANG/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0524 (ITAT-BANGALORE)
• Duration Of Justice: 3 year(s) 2 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 15-03-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 22-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MUZAFFAR HUSSAIN
• Section: 143(3); 144C

Judgement Text

ITA NO.2819/BANG/2017 M/S. AO SMITH INDIA WATER PRODUCTS PVT. LTD., BENGA LURU IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: BANGALORE BEFORE SHRI B. R. BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA NO.2819/BANG/2017 ASSESSMENT YEAR: 2013-14 M/S. AO SMITH INDIA WATER PRODUCTS PVT. LTD. #300, PHASE II, KIADB INDUSTRIAL AREA HORAHALLI TALUKA, KANAKAPURA 562 112 PAN NO : AAFCA8954R VS. DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-1(1)(1) BENGALURU APPELLANT RESPONDENT APPELLANT BY : SMT. RASHMI, A.R. RESPONDENT BY : SHRI MUZAFFAR HUSSAIN, D.R. DATE OF HEARING : 15.03.2021 DATE OF PRONOUNCEMENT : 15.03.2021 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 30.10.2017 PASSED BY THE AO FOR THE ASSESSMENT YEAR 2013-14 U/S 143(3) R.W.S. 144C OF THE ACT IN PURSUANCE OF DIREC TIONS GIVEN BY LD DRP. 2. THE ASSESSEE HAS SENT AN E-MAIL, WHEREIN IT IS STATED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE IN ITS APP EAL UNDER DIRECT TAXES VIVAD SE VISHWAS ACT, 2020 BY FILING FORM NO. 1 & 2. IT IS FURTHER STATED THAT THE ASSESSEE HAS RECEIVED FORM NO.3 ALSO. ACCORDINGLY, IT IS STATED THAT THE ASSESSEE SEEKS T O WITHDRAW THE ITA NO.2819/BANG/2017 M/S. AO SMITH INDIA WATER PRODUCTS PVT. LTD., BENGA LURU PAGE 2 OF 2 APPEAL. HOWEVER, IT IS PRAYED THAT LIBERTY MAY BE GRANTED TO THE ASSESSEE TO SEEK RECALL OF THE ORDER, IF MATTERS AR E NOT CONCLUDED UNDER VSV ACT. 3. THE LD D.R DID NOT OBJECT TO THE PLEA OF THE ASSESSEE. 4. WE HEARD THE PARTIES. SINCE THE ASSESSEE HA S OPTED TO SETTLE THE ISSUES CONTESTED IN THIS APPEAL UNDER THE DIRECT TA XES VIVAD SE VISHWAS ACT, 2010, NO PURPOSE WILL BE SERVED IN KEE PING THIS APPEAL PENDING. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. HOWEVER, WE GIVE LIBERTY TO THE ASSESSE E TO SEEK RECALL OF THIS ORDER IN ACCORDANCE WITH LAW, IF THE CIRCUMSTA NCES SO WARRANT. 5. IN THE RESULT APPEAL THE ASSESSEE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH MAR, 2021 SD/- (BEENA PILLAI) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 15 TH MAR, 2021. 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.