M/s JKM Erla Automotive Limited , Bangalore V. The Assistant Commissioner of Income Tax Circle-4(1)(1), Bangalore

ITA 53/BANG/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5944 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 03-02-2021
• Assessment Year: 2014-2015
• Appeal Filed On: 07-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R PREMI J BENGALURU
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT AND SHRI. CHANDRA POOJARI, ACCOUNTANT MEMBER ITA NO. 53 /BANG/20 19 ASSESSMENT YEAR : 2014-15 M/S. JKM ERLA AUTOMOTIVE LTD., 11, DYNAMATIC PARK, PEENYA INDUSTRIAL AREA, BENGALURU 560 068. PAN : AACCJ 5374 M VS. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 4[1][1], B ENGALURU . APPELLANT RESPONDENT ASSESSEE BY : SHRI. V. SRIDHAR , C A REVENUE BY : SMT. R. PREMI, JCIT(DR)(ITAT), BENGALURU DATE OF HEARING : 03 . 02 .2021 DATE OF PRONOUNCEMENT : 03 . 02 .2021 O R D E R PER N. V. VASUDEVAN, VICE PRESIDENT: THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDER DATED 24.08.2018 OF CIT(A)-4, BANGALORE, RELATING TO ASSESSMENT YEAR 2014-15. 2. THE LEARNED AR OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE IN THIS APPEAL UNDER THE DIRECT TAX VIVAD SE VISHWAS SCHEME, 2020. THE ASSESSEE HAS STATED THAT DESIGNATED AUTHORITY IS YET TO COMMUNICATE HIS DECISION IN THE MATTER AND HAS REQUESTED FOR ADJOURNMENT OF THE APPEAL. 3. IN THE COURSE OF HEARING, IT WAS THE PROPOSITION PUT FORWARD BY THE BENCH THAT UNDER THESE FACTS, THE APPEAL OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN AND LIBERTY MAY BE GRANTED TO THE ASSESSEE TO APPROACH THIS ITA NO.53/BANG/2019 PAGE 2 OF 2 TRIBUNAL FOR RECALL OF THIS ORDER UNDER SECTION 254(2) OF THE ACT IN CASE THE ASSESSEE FINALLY OPTS OUT OF VIVAD SE VISHWAS SCHEME, 2020. IN REPLY, IT WAS SUBMITTED BY LEARNED AR OF THE ASSESSEE THAT IF THE LIBERTY IS GRANTED TO THE ASSESSEE, THEN WE HAVE NO OBJECTION ABOUT DISMISSAL OF THE APPEAL AS WITHDRAWN. 4. THE APPEAL IS ACCORDINGLY DISMISSED AS WITHDRAWN. THE ASSESSEE IS HOWEVER AT LIBERTY TO SEEK RECALL OF THIS ORDER IN CASE THE ASSESSEE IS NOT ABLE TO SETTLE THE DISPUTE UNDER THE SCHEME. 5. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- SD/- BANGALORE, DATED: 03.02.2021. /NS/* COPY TO: 1. APPELLANTS 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE. ( CHANDRA POOJARI ) (N. V. VASUDEVAN) ACCOUNTANT MEMBER VICE PRESIDENT