M/s Ananda Social and Educational Trust , Bangalore V. Deputy Commissioner of Income Tax Central Circle-1(3), Bangalore

ITA 587/BANG/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 6059 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 6 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-09-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 28-09-2020
• Assessment Year: 2001-2002
• Appeal Filed On: 02-03-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GOLLAPINNI MALLIKARJUNA

Judgement Text

ITA NO.587 /BANG/2018 ANANDA SOCIAL & EDUCATIONAL TRUST, BANGALORE IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: BANGALORE BEFORE SHRI B. R. BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA NO.587/BANG/2018 ASSESSMENT YEAR: 2001-02 ANANDA SOCIAL AND EDUCATIONAL TRUST NO.24, KADUGONDANAHALLI BANGALORE-560 045 PAN NO : AAATA 7392M VS. DEPUTY COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE-1(3) BANGALORE APPELLANT RESPONDENT APPELLANT BY : SHRI V. SRIDHAR, A.R. RESPONDENT BY : SHRI GOLLAPINNI MALLIKARJUNA, D.R. DATE OF HEARING : 28.09.2020 DATE OF PRONOUNCEMENT : 29.09.2020 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 09-01-2018 PASSED BY LD CIT(A)-11, BENGALURU AND IT RELATES TO THE ASSESSMENT YEAR 2001-02. 2. THE ASSESSEE HAS FURNISHED A LETTER DATED 2 2 ND DAY OF SEPTEMBER, 2020, WHEREIN IT IS STATED THAT THE ASSE SSEE HAS FILED APPLICATION IN FORM 1 AND FORM 2 UNDER DIRECT TAX V IVAD SE VISHWAS ACT FOR SETTLEMENT OF THE DISPUTE. ACCORDING, THE A SSESSEE HAS STATED THAT THE APPEAL MAY BE DECIDED BASED ON THE ABOVE F ACTS. ITA NO.587 /BANG/2018 ANANDA SOCIAL & EDUCATIONAL TRUST, BANGALORE PAGE 2 OF 3 3. THE LD D.R, HOWEVER, SUBMITTED THAT THE ASSES SEE HAS TO WITHDRAW THE PENDING APPEALS AFTER FILING FORM VSV1 AS PER VIVAD SE VISHWAS ACT, 2020. THEREAFTER, THE ASSESSEE IS REQ UIRED TO FURNISH A COPY OF THE SAME ALONG WITH THE PROOF OF PAYMENT OF TAX AS DETERMINED BY THE TAX OFFICIAL TO THE DEPARTMENT. HE SUBMITTE D THAT THE FORM NO.3 SHALL BE ISSUED TO THE ASSESSEE IN DUE COURSE AND ACCORDINGLY HE SUBMITTED THAT THE APPEAL OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN, AS THE ASSESSEE, IN ANY WAY, IS REQUIRED TO WITHDRAW THE APPEAL. 4. THE LD A.R, IN THE REJOINDER, SUBMITTED TH AT THE ASSESSEE SHOULD BE GIVEN LIBERTY TO SEEK RECALL OF THE ORDER , IF THE APPEAL IS DISMISSED BY THE BENCH. 5. WE HEARD THE PARTIES AND PERUSED THE RECORD . SINCE THE ASSESSEE HAS ALREADY FILED APPLICATIONS IN FORM 1 A ND FORM 2 UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020, THE APPELLAN T WOULD BE MOVING APPLICATION FOR WITHDRAWING THE PRESENT APPE AL FILED BEFORE THE TRIBUNAL IN DUE COURSE. SINCE THE ASSESSEE HAS ALREADY FILED THE NECESSARY APPLICATIONS BEFORE THE TAX AUTHORITIES U NDER THE ABOVE SAID ACT, WE ARE OF THE VIEW THAT NO PURPOSE WILL B E SERVED IN KEEPING THESE APPEAL PENDING. ACCORDINGLY WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. 6. THE LD A.R HAS STATED THAT HE HAS NOT RECE IVED FORM NO.3, IN WHICH THE TAX AMOUNT TO BE PAID BY THE ASSESSEE SHA LL BE INTIMATED BY THE DEPARTMENT AND THE PROCESS WILL BE COMPLETED UPON RECEIPT OF FORM NO.3, MEANING THEREBY, THE ASSESSEE WANTS TO M AKE SURE THAT THE TAX LIABILITY MENTIONED BY HIM IN FORM NO.1 SHO ULD GET CONFIRMED BY THE REVENUE. UNDER THESE SET OF FACTS, SINCE WE HAVE DISMISSED THE APPEAL, THE ASSESSEE IS GIVEN LIBERTY TO MOVE APPRO PRIATE APPLICATION ITA NO.587 /BANG/2018 ANANDA SOCIAL & EDUCATIONAL TRUST, BANGALORE PAGE 3 OF 3 FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSEE INTENDS TO DO SO. 7. IN THE RESULT, THE APPEAL OF THE ASSESSEE I S DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH SEPT, 2020 SD/- (BEENA PILLAI) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 29 TH SEPT, 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.