M/s Fiza Developers & Inter Trade (P) Ltd., Bangalore V. DCIT, Bangalore

ITA 460/BANG/2011

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4998 (ITAT-BANGALORE)
• Duration Of Justice: 9 year(s) 9 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 08-02-2021
• Assessment Year: 2002-2003
• Appeal Filed On: 21-04-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S V RAVISHANKAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI. CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA NO.460 TO 463/BANG/2011 ASSESSMENT YEAR : 2002-03, 2003-04, 2006 - 07 & 2008 - 09 ITA NO.186/BANG/2013 ASSESSMENT YEAR : 2004-05 M/S FIZA DEVELOPERS & INTER TRADE PVT. LTD., NO.25/1, RESIDENCY ROAD, BENGALURU-560 025. PAN AAACF 5868 N VS. THE DY. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(3), BENGALURU. APPELLANT RESPONDENT ITA NO.249/BANG/2013 ASSESSMENT YEAR : 2004-05 THE DY. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(3), BENGALURU. VS. M/S FIZA DEVELOPERS & INTER TRADE PVT. LTD., NO.25/1, RESIDENCY ROAD, BENGALURU-560 025. PAN AAACF 5868 N APPELLANT RESPONDENT ASSESSEE BY : SHRI S.V RAVISHANKAR, ADVOCATE REVENUE BY : NONE PAGE 2 OF 4 ITA NOS.186, 249/BANG/2013 ITA NOS.460 TO 463/BANG/2013 DATE OF HEARING : 08-02-2021 DATE OF PRONOUNCEMENT : 09-02-2021 ORDER PER BEENA PILLAI, JUDICIAL MEMBER PRESENT APPEAL BY THE ASSESSEE HAS BEEN FILED BY AS SESSEE AGAINST ORDER DATED 30/11/2012, PASSED BY CIT(A), MYSORE, FOR ASSESSMENT YEAR 2004-05 & ALSO ORDER DATED 01.02.20 10 PASSED BY CIT(A)-VI, BENGALURU FOR ASSESSMENT YEAR 2002-03 , 2003-04, 2004-05, 2006-07 & 2008-09 . 2. AT THE OUTSET, LD.AR VIDE LETTER DATED 6+/2/2021 SUBMITTED THAT ASSESSEE HAS DECIDED TO GO IN FOR VSVS 2020. I T IS ALSO BEEN SUBMITTED THAT ASSESSEE FILED FORM 1 & 2 IN RESPECT OF THESE APPEALS. HE HOWEVER FILED AN ADJOURNMENT APPLICATIO N SEEKING DATE TILL THAT RECEIVED FORM 3. 3. LD.SR.DR SUBMITTED THAT THE APPEALS MAY BE DISMI SSED AS NO PURPOSE WILL BE SERVED BY KEEPING THE APPEALS PE NDING. 4. WE HAVE PERUSED SUBMISSIONS ADVANCES BY BOTH SID ES IN LIGHT OF RECORDS PLACED BEFORE US. 5. AS ASSESSEE HAS SOUGHT FOR VSVS- SCHEME 2020, NO PURPOSE WILL BE SERVED IN KEEPING THE PRESENT APPEALS PENDI NG. CONSIDERING THE SITUATION, WE DISMISS THE PRESENT A PPEALS AS WITHDRAWN. HOWEVER, LIBERTY IS GRANTED TO MOVE APPR OPRIATE APPLICATION FOR RECALL OF THIS ORDER, IN ACCORDANCE WITH LAW IF CIRCUMSTANCES SO WARRANT. PAGE 3 OF 4 ITA NOS.186, 249/BANG/2013 ITA NOS.460 TO 463/BANG/2013 ACCORDINGLY, ASSESSEES APPEAL FOR YEAR UNDER CONSI DERATION IS ALLOWED TO BE WITHDRAWN WITH LIBERTY. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED AS WI THDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 9 TH FEBRUARY, 2021 SD/- SD/- (CHANDRA POOJARI) (BEENA PILLAI) ACCOUNTANT MEMBER JUDICIAL ME MBER BANGALORE, DATED, THE 9 TH FEBRUARY, 2021. /VMS/ COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE PAGE 4 OF 4 ITA NOS.186, 249/BANG/2013 ITA NOS.460 TO 463/BANG/2013 DATE INITIAL 1. DRAFT DICTATED ON ON DRAGON SR.PS 2. DRAFT PLACED BEFORE AUTHOR -2-2021 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER -2-2021 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. -2-2021 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS -2-2021 SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON -2-2021 SR.PS 7. DATE OF UPLOADING THE ORDER ON WEBSITE -2-2021 SR.PS 8. IF NOT UPLOADED, FURNISH THE REASON -- SR.PS 9. FILE SENT TO THE BENCH CLERK -2-2021 SR.PS 10. DATE ON WHICH FILE GOES TO THE AR 11. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 12. DATE OF DISPATCH OF ORDER. 13. DRAFT DICTATION SHEETS ARE ATTACHED NO SR.PS