Sri Prakash Ladhani, Bengaluru V. Deputy Commissioner of Income Tax, Central Circle-2(3), Bengaluru

ITA 2856/BANG/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 7866 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 8 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-08-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 26-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: V SRINIVASAN NO NE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI A K GARODIA , ACCOUNTANT MEMBER IT A NO. 2856/BANG/2017 ASSESSMENT YEAR: 2010 - 11. SRI PRAKASH LADHANI, #12,3 RD MAIN, JAYAMAHAL EXTENSION, BENGALURU 560046. PAN: ABAPL8912B VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(3), BENGALURU APPELLANT RESPONDENT CO NO.64/BANG/2018 [ ITA NO. 71/BANG/2018 BY REVENUE ] ASSESSMENT YEAR: 2007 - 08 SRI PRAKASH LADHANI, #12,3 RD MAIN, JAYAMAHAL EXTENSION, BENGALURU 560046. PAN: ABAPL 8912B VS. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(3), BENGALURU . CROSS OBJECTOR RESPONDENT APPELLANT BY : SHRI . V. SRINIVASAN, ADVOCATE RESPONDENT BY : NO NE DATE OF HEARING : 2 4 . 0 8 .2020 DATE OF PRONOUNCEMENT : 27 .0 8 .2020 O R D E R PER BENCH ITA NO.2856/BANG/2017 IS AN APPEAL BY THE ASSESSEE FOR THE AY 2007-08 AGAINST THE CONSOLIDATED ORDER DATED 30.10. 2017 OF THE ITA NO.2856/BANG/2017 & CO NO.64/BANG/2018 PAGE 2 OF 3 CIT(APPEALS)-11, BANGALORE RELATING TO ASSESSMENT Y EARS 2007-08 TO 2013- 14. THE CROSS OBJECTION IN CO NO.64/BANG/2018 IS F ILED BY THE ASSESSEE IN THE APPEAL BY THE REVENUE IN ITA NO.71/BANG/2018 AGAINST THE VERY SAME CONSOLIDATED ORDER OF THE CIT(APPEALS) DATED 3 0.10.2017 FOR AY 2010-11. 2. THE ASSESSEE HAS FILED A MEMO SEEKING TO WITHDR AW THE APPEAL OF THE ASSESSEE IN ITA NO.2856/BANG/2017 FOR AY 2007-0 8 AS THE ASSESSEE HAS AVAILED THE BENEFIT OF DIRECT TAXES VIVAD SE VI SHWAS ACT, 2020. ACCORDINGLY, THIS APPEAL IS DISMISSED AS WITHDRAWN. HOWEVER, THE ASSESSEE IS AT LIBERTY TO SEEK RECALL OF THIS ORDER IN THE EVENT OF FORM NO.3 NOT BEING ISSUED BY THE DEPARTMENT FOR ANY REASON. 3. THE ASSESSEE ALSO SEEKS TO WITHDRAW THE CROSS OB JECTION FILED BY IT IN CO NO.64/BANG/18 FOR AY 2010-11 SINCE THE CONNEC TED APPEAL OF THE REVENUE IN ITA NO.71/BANG/2018 HAS ALREADY BEEN DIS POSED OF BY THE TRIBUNAL BY ORDER DATED 05.12.2018 AND THEREFORE TH E CO HAS BECOME INFRUCTUOUS. ACCORDINGLY, THE CO BY THE ASSESSEE I S DISMISSED AS INFRUCTUOUS. 4. IN THE RESULT, THE APPEAL AND CO OF THE ASSESSEE ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 27 TH DAY OF AUGUST, 2020. SD/- SD/- ( A K GARODIA ) ( N V VASUDEVAN ) ACCOUNTANT MEMBER VICE PRESIDENT BANGALORE, DATED, THE 27 TH AUGUST, 2020. / DESAI S MURTHY / ITA NO.2856/BANG/2017 & CO NO.64/BANG/2018 PAGE 3 OF 3 COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. BY ORDER ASSISTANT REGISTRAR ITAT, BANGALORE.