Deputy Commissioner of Income Tax Circle-4(1)(2), Bangalore V. M/s Myntra Designs Pvt Ltd , Bangalore

ITA 2946/BANG/2018

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 9941 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 2 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-12-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 04-02-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 16-10-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJESH KUMAR JHA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES A, BANGALORE BEFORE SHRI GEORGE GEORGE K, JM & SHRI B.R.BASKARAN, AM ITA NO.2861/BANG/2018 : ASST.YEAR 2012-2013 ITA NO.2862/BANG/2018 : ASST.YEAR 2013-2014 ITA NO.2863/BANG/2018 : ASST.YEAR 2014-2015 M/S. MYNTRA DESIGNS PVT. LTD. AKR TECH PARK 2 ND FLOOR, BLOCK A 7 TH MILE, KRISHNA REDDY INDUSTRIAL AREA, KUDLU GATE, OFF HOSUR ROAD BENGALURU 560 068. PAN : AAECM9636P. V. THE DY .COMMISSIONER OF INCOME-TAX, CIRCLE 4(1)(2) BANGALORE. (APPELLANT) (RESPONDENT) ITA NO.2945/BANG/2018 : ASST.YEAR 2012-2013 ITA NO.2946/BANG/2018 : ASST.YEAR 2013-2014 ITA NO.2947/BANG/2018 : ASST.YEAR 2014-2015 THE DY.COMMISSIONER OF INCOME - TAX, CIRCLE 4(1)(2) BANGALORE. V. M/S.MYNTRA DESIGNS PVT. LTD. AKR TECH PARK 2 ND FLOOR, BLOCK A, 7 TH MILE, KRISHNA REDDY INDUSTRIAL AREA, KUDLU GATE, OFF HOSUR ROAD BENGALURU 560 068. (APPELLANT) (RESPONDENT) REVENUE BY : SRI.RAJESH KUMAR JHA, CIT-DR ASSESSEE BY : --- NONE --- DATE OF HEARING : 31.12.2020 DATE OF PRONOUNCEMENT : 31.12.2020 O R D E R PER GEORGE GEORGE K, JM THESE CROSS APPEALS AT THE INSTANCE OF THE ASSESSEE AND REVENUE ARE DIRECTED AGAINST VARIOUS ORDERS OF CIT(A), ALL DATED 10 TH AUGUST, 2018. THE RELEVANT ASSESSMENT YEARS ARE 2012- 2013 TO 2014-2015. ITA NO.2861/BANG/2018 & ORS. M/S.MYNTRA DESIGNS PRIVATE LIMITED. 2 2. AT THE TIME OF HEARING BEFORE US, THE ASSESSEE HAS FURNISHED LETTER DATED 17 TH DECEMBER, 2020, WHEREIN IT IS STATED THAT THE ASSESSEE HAS OPTED FOR FILING THE APPLICATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, FOR SETTLEMENT OF THE DISPUTE, AND ACCORDINGLY, PRAYED THAT THE APPEALS MAY BE TREATED AS WITHDRAWN. ACCORDINGLY, WE ARE OF THE VIEW THAT NO PURPOSE WOULD BE SERVED IN KEEPING THE APPEALS PENDING, SINCE THE PRESENT APPEALS HAVE TO BE WITHDRAWN BY THE ASSESSEE OR REVENUE, ONCE THE DISPUTE IS SETTLED UNDER THE ABOVE SAID ACT. 3. ACCORDINGLY, WE DISMISS THE APPEALS OF THE ASSESSEE AND REVENUE. HOWEVER, LIBERTY IS GIVEN TO THE ASSESSEE / REVENUE TO SEEK RECALL OF THIS ORDER, IF IT WARRANTS SO. 4. IN THE RESULT, THE APPEALS FILED BY THE ASSESSEE AND REVENUE ARE DISMISSED. ORDER PRONOUNCED ON THIS 31 ST DAY OF DECEMBER, 2020 . SD/- SD/- ( B.R.BASKARAN ) ( GEORGE GEORGE K ) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE; DATED : 31 ST DECEMBER, 2020. DEVADAS G* COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT(A)-4, BANGALORE 4. THE PR.CIT-4, BANGALORE. 5. THE DR, ITAT, BENGALURU. 6. GUARD FILE. ASST.REGISTRAR/ITAT, BANGALORE