CDM Smith India Private Limited, Bangalore V. Deputy Commissioner Of Income Tax, Circle- 2(1)(1), Bangalore

ITA 601/BANG/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4215 (ITAT-BANGALORE)
• Duration Of Justice: 4 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-10-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 28-10-2020
• Assessment Year: 2015-2016
• Appeal Filed On: 26-06-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: ANML ANAND
• Section: 271(1)(c); 201; 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES C BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER ITA NO. 601/BANG/2020 (ASSESSMENT YEAR: 20 15 - 16 ) M/S. CDM SMITH INDIA PRIVATE LIMITED, 103 & 104, 1 ST FLOOR BRIGADE, OPUS, KODIGEHALLI MAIN ROAD, SANJEEVINI NAGAR, BANGALORE - 560 092 .APPELLANT PAN AAACI 9299N VS. DY. COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(1), BANGALORE. RESPONDENT. ASSESSEE BY: SHRI ANML ANAND, ADVOCATE. REVENUE BY: SHRI SUNIL KUMAR AGARWAL, ADDL. CIT (D.R) DATE OF HEARING : 28.10 .2020. DATE OF PRONOUNCEMENT : 28 .10. 2020. O R D E R PER SHRI B.R. BASKARAN, A.M. : THE ASSESSEE HAS FILED TH I S APPEAL CHALLENGING THE ORDER DATED 28 - 01 - 2020 PASSED BY LD CIT(A) - 2 , BENGALURU CONFIRMING THE PENALTY LEVIED U/S 271(1)(C) OF THE ACT BY THE AO FOR ASSESSMENT YEAR 201 5 - 1 6 . 2 . T HE LD COUNSEL OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE HA S OPT ED TO SETTLE THE DISPUTE UNDER DIRECT TAX VIVAD SE VISHWAS ACT AND ACCORDINGLY FILED FORM 1 AND 2 BEFORE THE DESIGNATED AUTHORITIES . ACCORDINGLY, HE SOUGHT FOR ADJOURNMENT OF THE APPEAL. 3 . THE LD D.R, HOWEVER, SUBMITTED THAT THE ASSESSEE HAS TO WITHDRAW THE PENDING APPEAL S AFTER FILING FORM VSV1 AS PER VIVAD SE VISHWAS ACT, 2020. THEREAFTER, THE ASSESSEE IS REQUIRED TO FURNISH A COPY OF THE SAME ALONG WITH 2 ITA NO.601/BANG/2020 THE PROOF OF PAYMENT OF TAX AS DETERMI NED BY THE TAX OFFICIAL TO THE DEPARTMENT. A CCORDINGLY HE SUBMITTED THAT THE APPEAL OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN , AS THE ASSESSEE, IN ANY WAY, IS REQUIRED TO WITHDRAW THE APPEAL . 4.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 THAT THE A SSESSEE HAS NOT YET RECEIVED FORM 3 AS PER DIRECT TAX VIVAS SE VISHWAS ACT AND ACCORDINGLY SUBMITTED THAT, IN CASE THE APPEAL IS DISMISSED, THE ASSESSEE SHOULD BE GIVEN LIBERTY TO SEEK RECALL OF THE ORDER, IF SOMETHING GOES WRONG. 5 . WE HEARD THE PARTIES AND PERUSED THE RECORD. T HE SUBMISSIONS MADE BY PARTIES ARE CONSIDERED. SINCE THE ASSESSEE HAS FILE D APPLICATIONS UNDER DIRECT TAX VIVAD SE VISHWAS ACT , 2020, THE APPELLANT WOULD BE MOVING APPLICATION FOR WITHDRAW ING THE PRESENT APPEAL FILED BEFORE THE TRIBUNAL IN DUE COURSE . ACCORDINGLY , WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING TH IS APPEAL PENDING. ACCORDINGLY WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAW N. HOWEVER, THE ASSESSEE IS GIVEN L IBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW , IF THE ASSESSEE INTENDS TO DO SO . 6 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON 2 8 - 10 - 2020 S D / - S D / - (N.V. VASUDEVAN) (B.R. BASKARAN) VICE PRESIDENT ACCOUNTANT MEMBER DATED: 2 8 .10. 2020. *REDDY GP 3 ITA NO.601/BANG/2020 COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT (A) 4. PR. CIT 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLA TE TRIBUNAL BANGALORE