M/s. Criyagen Agri & Biotech Private Limited, Bangalore V. The Commissioner Of Income Tax (Appeals)- 2, Bangalore

ITA 477/BANG/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5552 (ITAT-BANGALORE)
• Duration Of Justice: 3 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-10-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2015-2016
• Appeal Filed On: 08-06-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MANJEET SINGH
• Section: 143(3)

Judgement Text

ITA NO.477/BANG/2020 M/S. CRIYAGEN AGRI & BIOTECH PVT. LTD., BANGALORE 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.477/BANG/2020 ASSESSMENT YEAR: 2015-16 M/S. CRIYAGEN AGRI & BIOTECH PVT. LTD. NO.863, 1 ST FLOOR, 5 TH CROSS 5 TH MAIN, HAL 1 ST STAGE BANGALORE-560 038 PAN NO : AADCC4142P VS. COMMISSIONER OF INCOME-TAX (APPEALS)-2 BANGALORE APPELLANT RESPONDENT APPELLANT BY : SHRI DEEPESH WAGLE, A.R. RESPONDENT BY : SHRI MANJEET SINGH, D.R. DATE OF HEARING : 06.10.2020 DATE OF PRONOUNCEMENT : 06.10.2020 O R D E R PER GEORGE GEORGE K., JUDICIAL MEMBER: THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 17.7.2019 PASSED BY THE CIT(A)-2, BENGALURU FOR ASS ESSMENT YEAR 2015-16 U/S 143(3) OF THE INCOME-TAX ACT,1961 ['THE ACT' FOR SHORT]. 2. THE LD. COUNSEL FOR THE ASSESSEE ON THE DATE OF HEARING I.E. 6 TH OCTOBER, 2020 STATED THAT THE ASSESSEE HAS FILED AP PLICATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT FOR SETTLEMENT OF T HE DISPUTE AND ITA NO.477/BANG/2020 M/S. CRIYAGEN AGRI & BIOTECH PVT. LTD., BANGALORE PAGE 2 OF 3 FORM NO.3 IS AWAITED. THE LEARNED A.R. SUBMITTED T HAT THE APPEAL MAY BE DISMISSED AS WITHDRAWN, WITH A LIBERTY TO AS SESSEE TO MOVE APPROPRIATE APPLICATION TO RECALL THE ORDER, IF SO ADVISED. 3. THE LD D.R. SUBMITTED THAT THE ASSESSEE HAS T O WITHDRAW THE PENDING APPEALS AFTER FILING FORM VSV1 AS PER VIVAD 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 DETE RMINED BY THE TAX OFFICIAL TO THE DEPARTMENT. HE SUBMITTED THAT THE FORM NO.3 SHALL BE ISSUED TO THE ASSESSEE IN DUE COURSE AND ACCORDINGL Y HE SUBMITTED THAT THE APPEAL OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN, AS THE ASSESSEE, IN ANY WAY, IS REQUIRED TO WITHDRAW T HE APPEAL. THE LD D.R FURTHER SUBMITTED THAT, IN THIS TYPE OF CASES, THE TRIBUNAL IS GIVING LIBERTY TO SEEK RECALL OF THE ORDER, IF THE APPEAL IS DISMISSED BY THE BENCH. 4. WE HEARD THE PARTIES AND PERUSED THE RECORD. SINCE THE ASSESSEE HAS ALREADY FILED APPLICATIONS UNDER DIRECT TAX VIV AD SE VISHWAS ACT, 2020, THE ASSESSEE WOULD BE MOVING APPLICATION FOR WITHDRAWING THE PRESENT APPEAL FILED BEFORE THE TRIBUNAL IN DUE COU RSE. SINCE THE ASSESSEE HAS ALREADY FILED THE NECESSARY APPLICATIO NS BEFORE THE TAX AUTHORITIES UNDER THE ABOVE SAID ACT, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THIS APPEAL PENDI NG. ACCORDINGLY WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. THE ASSESSEE IS ITA NO.477/BANG/2020 M/S. CRIYAGEN AGRI & BIOTECH PVT. LTD., BANGALORE PAGE 3 OF 3 GIVEN LIBERTY TO MOVE APPROPRIATE APPLICATION FOR R ECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSEE I NTENDS TO DO SO. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE I S DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 6 TH OCT, 2020. SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER SD/- (GEORGE GEORGE K.) JUDICIAL MEMBER BANGALORE, DATED 6 TH OCT, 2020. 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.