M/s Torry Harris Business Solutions Private Limited , Bangalore V. The Joint Commissioner of Income Tax Special Range-7 , Bangalore

ITA 3132/BANG/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 2008 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 2 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 17-02-2021
• Assessment Year: 2014-2015
• Appeal Filed On: 22-11-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: B R SUDHEENDRA
• Section: 143(3)

Judgement Text

IT(TP)A NO.3132/BANG/2018 TORRY HARRIS BUSINESS SOLUTIONS PVT. LTD., BANGALOR E IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: BANGALORE BEFORE SHRI B. R. BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER IT(TP)A NO.3132/BANG/2018 ASSESSMENT YEAR: 2014-15 TORRY HARRIS BUSINESS SOLUTIONS PRIVATE LIMITED #71, SONA TOWERS MILLERS ROAD BANGALORE-560 052. PAN NO : AAACT7287M VS. JCIT SPECIAL RANGE-7 BANGALORE APPELLANT RESPONDENT APPELLANT BY : SHRI B.R. SUDHEENDRA, A.R. RESPONDENT BY : MS. NEERA MALHOTRA, D.R. DATE OF HEARING : 17.02.2021 DATE OF PRONOUNCEMENT : 17.02.2021 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 22.09.2018 PASSED BY THE AO FOR THE ASSESSMENT YEAR 2014-15 U/S 143(3) R.W.S. 144C(1) OF THE ACT IN PURSUANCE OF DI RECTIONS GIVEN BY LD DISPUTE RESOLUTION PANEL (DRP). 2. THE LD COUNSEL APPEARING FOR THE ASSESSEE SH RI B.R. SUDHEENDRA REPRESENTING M/S H.C KINCHA & ASSOCIATES, CHARTERED ACCOUNTANTS STATED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DI SPUTE IN ITS APPEAL UNDER DIRECT TAXES VIVAD SE VISHWAS ACT, 2020. ACC ORDINGLY HE SUBMITTED THAT TRIBUNAL MAY PASS SUITABLE ORDERS. IT(TP)A NO.3132/BANG/2018 TORRY HARRIS BUSINESS SOLUTIONS PVT. LTD., BANGALOR E 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 ACCORDINGLY , WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN.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 17 TH FEB, 2021 SD/- (BEENA PILLAI) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 17 TH FEB, 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.