M/s Provimi Animal Nutrition India Pvt Ltd , Bagalore V. Deputy Commissioner of Income tax Circle-5(1)(2), Bangalore

ITA 303/BANG/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8791 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 11 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 11-01-2021
• Assessment Year: 2012-2013
• Appeal Filed On: 01-02-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRIYADARSHI MISHRA
• Assessee Lawyers: JANMAYEE RAJKUMAR

Judgement Text

ITA NO.303 /BANG/2018 M/S. PROVIMI ANIMAL NUTRITION INDIA PVT. LTD., BANG ALORE IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: BANGALORE BEFORE SHRI B. R. BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA NO.303/BANG/2018 ASSESSMENT YEAR: 2012-13 M/S. PROVIMI ANIMAL NUTRITION INDIA PVT. LTD. IS-40, KHB INDUSTRIAL AREA YELAHANKA NEW TOWN BANGALORE-560 064. PAN NO : AAACT4909N VS. DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-5(1)(2) BANGALORE APPELLANT RESPONDENT APPELLANT BY : SMT. JANMAYEE RAJKUMAR, A.R. RESPONDENT BY : SHRI PRIYADARSHI MISHRA, D.R. DATE OF HEARING : 11.01.2021 DATE OF PRONOUNCEMENT : 11.01.2021 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 13-10-2017 PASSED BY LD CIT(A)-5, BENGALURU AND IT RELATES TO THE ASSESSMENT YEAR 2012-13. 2. THE LD A.R OF THE ASSESSEE HAS FILED A LETTE R STATING THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE IN THESE T WO APPEALS UNDER DIRECT TAXES VIVAD SE VISHWAS ACT, 2020. IT IS STA TED THAT THE ASSESSEE HAS FILED FORM 1 & 2 AND IS AWAITING FORM NO.3. ACCORDINGLY, THE LD A.R HAS STATED THE TRIBUNAL MAY PASS SUITABL E ORDERS. 3. THE LD D.R, HOWEVER, SUBMITTED THAT THE ASSES SEE HAS TO WITHDRAW THE PENDING APPEAL AFTER FILING FORM VSV1 AS PER VIVAD SE ITA NO.303 /BANG/2018 M/S. PROVIMI ANIMAL NUTRITION INDIA PVT. LTD., BANG ALORE PAGE 2 OF 3 VISHWAS ACT, 2020. THEREAFTER, THE ASSESSEE IS REQ UIRED TO FURNISH A COPY OF THE SAME ALONG WITH THE PROOF OF PAYMENT OF TAX AS DETERMINED BY THE TAX OFFICIAL TO THE DEPARTMENT. ACCORDINGLY HE SUBMITTED THAT THE APPEAL OF THE ASSESSEE MAY BE DISMISSED AS WITH DRAWN, AS THE ASSESSEE, IN ANY WAY, IS REQUIRED TO WITHDRAW THESE APPEALS. 4. THE LD A.R, IN THE REJOINDER, SUBMITTED THAT IN CASE THE APPEAL IS DISMISSED, THE ASSESSEE SHOULD BE GIVEN LIBERTY TO SEEK RECALL OF THE ORDER, IF SOMETHING GOES WRONG. 5. WE HEARD THE PARTIES AND PERUSED THE RECORD. THE SUBMISSIONS MADE BY PARTIES ARE CONSIDERED. SINCE THE ASSESSEE HAS FILED APPLICATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 FOR SETTLING THE ISSUES FOR THE YEAR UNDER CONSIDERATION, THE AP PELLANT WOULD BE MOVING APPLICATION FOR WITHDRAWING THIS APPEAL FILE D BEFORE THE TRIBUNAL IN DUE COURSE. ACCORDINGLY, WE ARE OF 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 CATIONS SEEKING RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSEE INTENDS TO DO SO. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE I S DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH JAN, 2021 SD/- (BEENA PILLAI) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 11 TH JAN, 2021. VG/SPS ITA NO.303 /BANG/2018 M/S. PROVIMI ANIMAL NUTRITION INDIA PVT. LTD., BANG ALORE 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.