M/s MasturlalPvt Ltd , Bangalore V. Income Tax Officer Ward-4(1)(3), Bangalore , Bangalore

ITA 377/BANG/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 6806 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 7 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-09-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 07-02-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R PREMI
• Assessee Lawyers: ASHOK KULKARNI
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES C BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOU NTANT MEMBER ITA NO. & ASST. YEAR APPELLANT RESPONDENT 37 7 /BANG/201 8 201 3 - 14 M/S. MASTURLAL PVT. LTD., 7 TH MILE, BANNERGHATTA ROAD, BANGALORE - 560 0 76 PAN AABCM 9518K INCOME TAX OFFICER , WARD 4(1)(3) , BANGALORE. ASSESSEE BY: S HRI ASHOK KULKARNI, ADVOCATE. REVENUE BY: SMT. R. PREMI, JCIT (D.R) . DATE OF HEARING : 10 .09 .20 20. DATE OF P RONOUNCEMENT : 10 .09 .20 20. O R D E R PER SHRI CHANDRA POOJARI, A.M. : THI S APPEAL FILED BY THE ASSESSE E IS DIRECTED AGAINST THE ORDER OF C OMMISSIONER OF INCOME TAX (APPEALS) - 4 , BANGALORE DT. 30.11.2017 . THE ASSESSE E IS AGGRIEVED BY THE DECISI ON OF LD. CIT (APPEALS). 2. AT THE TIME OF HEARING, THE LEARNED AUTHORISED REPRESENTATIVE SUBMITTED TH A T THESE ASSESSE E HAS OPTED TO FILE AN APPLICATION UNDER THE VIVAD SE VISHWAS ACT, 2020. ACCORDINGLY, LD. AR SUBMITTED THAT THE APPEAL MAY BE D ISMISSED WITH THE LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH LAW, IF THE ASSESSE E INTENDED TO DO SO. 3. ON THE OTHER HAND, THE LEARNED DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE ASSESSE E HAS TO WITH DRAW THE PENDING APPEALS AFTER FILING THE FORM VSV1 AS PER 2 ITA NO . 37 7 /BANG/201 8 VIVAD SE VISHWAS ACT, 2020. THEREAFTER THE ASSESSE E IS REQUIRED TO FURNISH A COPY OF THE SAME ALONG WITH THE PROOF OF PAYMENT OF TAX AS DETERMINED BY THE TAX OFFICIAL TO THE DEPARTMENT. LD. DR S UBMITTED THAT THE FO R M NO.3 SHALL BE ISSUED TO THE ASSESSE E IN DUE COURSE AND ACCORDINGLY HE SUBMITTED THAT THE APPEAL OF THE ASSESSE E MAY BE DISMISSED AS WITHDRAWN, AS THE ASSESSE E , IN ANY WAY, IS REQUIRED TO WITHDRAW THE APPEALS. 4. WE HAVE HEARD BO TH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS ACT, 2020, THE ASSESSE E IS NOT INTERESTED IN PROSECUTING THE PRESENT APPEAL FILED BEFORE THIS TRIBUNAL. SINCE THE ASSESSE E HA S ALREADY FILED THE NECESSA RY APPLICATION BEFORE THE TAX AUTHORITIES UNDER THE ABOVE SAID SCHEME, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PENDING. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSE E AS WITHDRAWN. FURTHER THE ASSESSE E IS AT LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSE E INTENDS TO DO SO. 5. IN THE RESULT, THE APPEAL OF THE ASSESSE E IS DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THE DAT E MENTIONED ON THE CAPTION PAGE. SD/ - SD/ - ( N.V. VASUDEVAN ) ( CHANDRA POOJARI ) VICE PRESIDENT ACCOUNTANT MEMBER DATED: 10 . 09. 20 20 . *REDDY GP 3 ITA NO . 37 7 /BANG/201 8 COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT (A) 4. PR. CIT 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INC OME - TAX APPELLATE TRIBUNAL BANGALORE