M/s Wintac Limited , Bangalore V. Assistant Commissioner of Income Tax Circle-7(1)(2), Bangalore

ITA 2854/BANG/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6844 (ITAT-BANGALORE)
• Duration Of Justice: 3 year(s) 1 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 28-01-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 26-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: H ANIL KUMAR

Judgement Text

ITA NO.2854/BANG/2017 WINTAC LIMITED, BENGALURU IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: BANGALORE BEFORE SHRI GEORGE GEORGE K., JUDICIAL MEMBER AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER ITA NO.2854/BANG/2017 ASSESSMENT YEAR: 2013-14 WINTAC LIMITED NO.54/1, BOODIHAL NELAMANGALA BENGALURU-562 123 PAN NO : AAACR8613H VS. ACIT CIRCLE-7(1)(2) BENGALURU APPELLANT RESPONDENT APPELLANT BY : SHRI H. ANIL KUMAR, A.R. RESPONDENT BY : SHRI KANNAN NARAYANAN, D.R. DATE OF HEARING : 28.01.2021 DATE OF PRONOUNCEMENT : 28.01.2021 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 22.09.2017 PASSED BY LD CIT(A)-7, BENGALURU AND IT RELATES TO THE ASSESSMENT YEAR 2013-14. 2. THE LD COUNSEL APPEARING FOR THE ASSESSEE SH RI H. ANIL KUMAR, CHARTERED ACCOUNTANT STATED THAT THE ASSESSEE HAS O PTED TO SETTLE THE DISPUTE IN ITS APPEAL UNDER DIRECT TAXES VIVAD SE V ISHWAS ACT, 2020. ACCORDINGLY HE SUBMITTED THAT TRIBUNAL MAY PASS SUI TABLE ORDERS. ITA NO.2854/BANG/2017 WINTAC LIMITED, BENGALURU PAGE 2 OF 2 3. THE LD D.R, HOWEVER, SUBMITTED THAT THE BANGA LORE BENCH OF TRIBUNAL IS DISMISSING THE APPEAL IN SUCH KIND OF C ASES GIVING LIBERTY TO THE ASSESSEE TO SEEK RECALL, IF SOMETHING GOES W RONG WITH THE APPLICATION FILED BY THE ASSESSEE. 4. WE HEARD THE PARTIES. SINCE THE LD A.R HAS S TATED THAT THE ASSESSEE HAS OPTED TO SETTLE THE ISSUES CONTESTED I N THIS APPEAL UNDER THE DIRECT TAXES VIVAD SE VISHWAS ACT, 2010, NO PUR POSE WILL BE SERVED IN KEEPING THIS APPEAL PENDING. ACCORDINGLY , WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. HOWEVER, WE G IVE LIBERTY TO THE ASSESSEE TO SEEK RECALL OF THIS ORDER IN ACCORDANCE WITH LAW, IF THE CIRCUMSTANCES SO WARRANT. 5. IN THE RESULT APPEAL THE ASSESSEE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH JAN, 2021 SD/- (GEORGE GEORGE K. ) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 28 TH JAN, 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