Autoliv India Private Limited, Bangalore V. Asst.C.I.T., Bangalore

ITA 436/BANG/2016

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3237 (ITAT-BANGALORE)
• Duration Of Justice: 5 year(s) 2 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 14-06-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 15-03-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: A SURYANARAYANA

Judgement Text

IT(TP)A NO.436/BANG/2016 M/S. AUTOLIV INDIA PVT. LTD., BANGALORE IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER IT(TP)A NO.436/BANG/2016 ASSESSMENT YEAR: 2011-12 M/S. AUTOLIV INDIA PVT. LTD. SURVEY NO.80/3, CHOKKAHALLI VILLAGE DODDALURU GRAM PANCHAYAT HOSKOTE INDUSTRIAL ESTATE BANGALORE 562 114 PAN NO : AADCA6222E VS. ACIT CIRCLE-1(1)(1) BANGALORE APPELLANT RESPONDENT APPELLANT BY : SHRI A. SURYANARAYANA, A.R. RESPONDENT BY : SHRI KANNAN NARAYANAN, D.R. DATE OF HEARING : 14.06.2021 DATE OF PRONOUNCEMENT : 14.06.2021 O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER OF DRP-1, BENGALURU DATED 28.12.2015 FOR THE ASSESSMEN T YEAR 2011-12. 2. AT THE TIME OF HEARING, THE LD A.R SUBMITTED THAT THE ASSESSEE HAS FILED APPLICATION UNDER THE DIRECT TAX VIVAD SE VIS HWAS ACT, 2020 AND IS WAITING FOR THE CERTIFICATE IN FORM NO.3 FROM THE P R. CIT. ACCORDINGLY THE LD A.R SUBMITTED THAT THE MATTER MAY BE KEPT PE NDING. IT(TP)A NO.436/BANG/2016 M/S. AUTOLIV INDIA PVT. LTD., BANGALORE PAGE 2 OF 3 3. THE LD D.R, HOWEVER, SUBMITTED THAT THE ASSES SEE HAS TO WITHDRAW THE PENDING APPEAL AFTER FILING FORM VSV1 AS PER VI VAD SE VISHWAS ACT, 2020. THEREAFTER, THE ASSESSEE IS REQUIRED TO FURN ISH A COPY OF THE SAME ALONG WITH THE PROOF OF PAYMENT OF TAX AS DETERMINE D BY THE TAX OFFICIAL TO THE DEPARTMENT. HE SUBMITTED THAT THE FORM NO.3 SHALL BE ISSUED TO THE ASSESSEE IN DUE COURSE AND ACCORDINGLY HE SUBMI TTED THAT THE APPEAL OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAW N, AS THE ASSESSEE, IN ANY WAY, IS REQUIRED TO WITHDRAW THE APPEAL. 4. WE HEARD THE PARTIES AND PERUSED THE RECORD. SINCE THE ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS SCHEME, 2020, THE AP PELLANT WOULD BE MOVING APPLICATION FOR WITHDRAWING THE PRESENT APPE AL FILED BEFORE THE TRIBUNAL IN DUE COURSE. SINCE THE ASSESSEE HAS ALR EADY FILED THE NECESSARY APPLICATION BEFORE THE TAX AUTHORITIES UN DER THE ABOVE SAID SCHEME, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THIS APPEAL PENDING. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. 5. THE LD A.R, HOWEVER, SUBMITTED THAT THE ASS ESSEE MAY BE GIVEN LIBERTY TO MOVE APPLICATION FOR RECALL OF THE ORDER , AS THE APPLICATION OF THE ASSESSEE IS YET TO BE ACCEPTED BY THE DEPARTMEN T. WE NOTICE THAT THE ASSESSEE HAS STATED THAT HE HAS NOT RECEIVED FO RM NO.3, IN WHICH THE TAX AMOUNT TO BE PAID BY THE ASSESSEE SHALL BE INTIMATED BY THE DEPARTMENT. HENCE, IT APPEARS THAT THE ASSESSEE WA NTS TO MAKE SURE THAT THE TAX LIABILITY MENTIONED BY HIM IN FORM NO. 1 SHOULD GET CONFIRMED BY THE REVENUE. UNDER THESE SET OF FACTS, SINCE WE HAVE DISMISSED THE APPEAL, THE ASSESSEE IS GIVEN LIBERTY TO MOVE APPROPRIATE IT(TP)A NO.436/BANG/2016 M/S. AUTOLIV INDIA PVT. LTD., BANGALORE PAGE 3 OF 3 APPLICATION FOR RECALL OF THE PRESENT ORDER IN ACCO RDANCE 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 14 TH JUNE21 SD/- (BEENA PILLAI) JUDICIAL MEMBER SD/- (CHANDRA POOJARI) ACCOUNTANT MEMBER BANGALORE, DATED 14 TH JUNE, 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.