M/s Health and Glow Private Limited , Bangalore V. Deputy Commissioner of Income Tax Circle-1(1) (Intl Taxn) , Bangalore

ITA 2899/BANG/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1190 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 1 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 16-12-2020
• Assessment Year: 2010-2011
• Appeal Filed On: 23-10-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K V ARVIND; DILIP S DEP
• Assessee Lawyers: B SUDHEENDRA

Judgement Text

ITA NO.2899/BANG/2018 M/S. HEALTH AND GLOW PRIVATE LTD., BANGALORE IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: BANGALORE BEFORE SHRI GEORGE GEORGE K., JUDICIAL MEMBER AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER ITA NO.2899/BANG/2018 ASSESSMENT YEAR: 2010-11 M/S. HEALTH AND GLOW PVT. LTD. (FORMERLY KNOWN AS FOODWORLD SUPERMARKETS LTD.) NO.32/5, 2 ND FLOOR, GANAPA TOWERS NGR LAYOUT, ROOPENA AGRAHARA BOMMANAHALLI BANGALORE-560 068 PAN NO : AAACF4045K VS. DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-1(1), (INTL.TAXN) BANGALORE APPELLANT RESPONDENT APPELLANT BY : SHRI B. SUDHEENDRA, A.R. RESPONDENT BY : SHRI K.V. ARVIND & SHRI DILIP. STANDING COUNSELS FOR DEPT. DATE OF HEARING : 16.12.2020 DATE OF PRONOUNCEMENT : 16.12.2020 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 13-08-2018 PASSED BY LD CIT(A)-12, BENGALURU AND IT RELATES TO THE ASSESSMENT YEAR 2010-11. 2. THE LD COUNSEL APPEARING FOR THE ASSESSEE SU BMITTED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE UNDER DIRE CT TAX VIVAD SE VISHWAS ACT FOR SETTLEMENT OF THE DISPUTE. HE SUBM ITTED THAT THE ITA NO.2899/BANG/2018 M/S. HEALTH AND GLOW PRIVATE LTD., BANGALORE PAGE 2 OF 3 ASSESSEE HAS FILED RELEVANT FORMS 1 & 2 BEFORE THE DESIGNATED AUTHORITY AND IS AWAITING CERTIFICATE IN FORM NO.3. ACCORDINGLY, THE LD A.R SOUGHT ADJOURNMENT OF THE CASE. THE LD A.R ALSO SUBMITTED THAT THE BANGALORE BENCHES OF THE TRIBUNAL ARE DISM ISSING THE APPEAL IN SUCH CASES WITH THE LIBERTY TO SEEK RECALL OF TH E ORDER, IF SOMETHING GOES WRONG. 3. WE HEARD LD D.R. SINCE THE ASSESSEE HAS OPT ED TO SETTLE THE DISPUTE UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 , THE APPELLANT WOULD BE MOVING APPLICATION FOR WITHDRAWING THE PRE SENT APPEAL FILED BEFORE THE TRIBUNAL IN DUE COURSE. HENCE, WE ARE O F THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THIS APPEAL PENDI NG. ACCORDINGLY WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. HOWEVER, THE ASSESSEE IS GIVEN LIBERTY TO MOVE APPROPRIATE APPLI CATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF TH E ASSESSEE INTENDS TO DO SO. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE I S DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH DEC, 2020 SD/- (GEORGE GEORGE K. ) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 16 TH DEC, 2020. VG/SPS ITA NO.2899/BANG/2018 M/S. HEALTH AND GLOW PRIVATE LTD., BANGALORE PAGE 3 OF 3 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.