Shri H Narasimha , Bangalore V. Deputy Commissioner of Income Tax Circle-6(3)(1), Bangalore `

ITA 373/BANG/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7928 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 31-03-2021
• Assessment Year: 2012-2013
• Appeal Filed On: 21-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: B S N PRASAD

Judgement Text

ITA NO.373/BANG/2019 SHRI H. NARASIMHA, BENGALURU IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: BANGALORE BEFORE SHRI GEORGE GEORGE K., JUDICIAL MEMBER AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER ITA NO.373/BANG/2019 ASSESSMENT YEAR: 2012-13 SHRI H. NARASIMHA 16/5, AVALAHALLI, DODDABALLAPURA MAIN ROAD, YELAHANKA BENGALURU 560 064 PAN NO : ADYPN4426E VS. DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-6(3)(1) BANGALORE APPELLANT RESPONDENT APPELLANT BY : SHRI B.S.N. PRASAD, A.R. RESPONDENT BY : SHRI KANNAN NARAYANAN, D.R. DATE OF HEARING : 31.03.2021 DATE OF PRONOUNCEMENT : 31.03.2021 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 14.01.2019 PASSED BY LD CIT(A)-6, BENGALURU AND IT RELATES TO THE ASSESSMENT YEAR 2012-13. 2. THE LD COUNSEL APPEARING FOR THE ASSESSEE, S HRI B.S.N.PRASAD, ADVOCATE SUBMITTED THAT THE ASSESSEE HAS OPTED TO S ETTLE THE DISPUTE IN ITS APPEAL UNDER DIRECT TAXES VIVAD SE VISHWAS A CT, 2020 BY FILING FORM NO.1 & 2. ACCORDINGLY HE SUBMITTED THAT THE B ENCH MAY PASS SUITABLE ORDERS. ITA NO.373/BANG/2019 SHRI H. NARASIMHA, BENGALURU 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 UNDER VSVS. 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, 2020, 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 ACCORDINGLY , WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN.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 31 ST MAR, 2021 SD/- (GEORGE GEORGE K. ) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 31 ST MAR, 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.