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

ITA 602/BANG/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4899 (ITAT-BANGALORE)
• Duration Of Justice: 3 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-10-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2016-2017
• Appeal Filed On: 26-06-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: AMIT SRIVASTAVA
• Section: 271(1)(c); 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI B R BASKARAN , ACCOUNTANT MEMBER SP NO.136/BANG/2020 & ITA NO. 602/BANG/2020 ASSESSMENT YEAR : 2016 - 17 CDM SMITH INDIA PVT. LTD., # 103 & 104, 1 ST FLOOR, BRIGADE OPUS, KODIGEHALLI MAIN ROAD, SANJEEVINI NAGAR, BANGALORE 560 092. PAN: AAACI 9299N VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(1), BANGALORE. APPELLANT RESPONDENT APPELLANT BY : SHRI AMIT SRIVASTAVA, A DVOCATE RESPONDENT BY : SMT. R. PREMI, JT .CIT(DR)(ITAT), BENGALURU. DATE OF HEARING : 09 . 1 0.2020 DATE OF PRONOUNCEMENT : 15 . 1 0.2020 O R D E R PER N.V. VASUDEVAN, VICE PRESIDENT THE ASSESSEE HAS FILED THE STAY PETITION REQUEST ING FOR THE STAY OF DISPUTED OUTSTANDING DEMAND ON ACCOUNT OF PENALTY I MPOSED BY THE AO UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961 (THE ACT) OF RS. 50,56,926 FOR AY 2016-17. THE STAY PETITION ARISES OUT OF THE APPEAL OF THE ASSESSEE BEFORE THE TRIBUNAL IN ITA NO.602/BANG/202 0. BOTH THE STAY PETITION AND APPEAL OF THE ASSESSEE WERE TAKEN UP F OR HEARING TOGETHER AND ARE DISPOSED OF BY THIS CONSOLIDATED ORDER. SP NO.136/BANG/2020 & ITA NO.602/BANG/2020 PAGE 2 OF 3 2. AT THE TIME OF HEARING THE LD. COUNSEL FOR THE A SSESSEE HAS SOUGHT FOR ADJOURNMENT OF HEARING OF BOTH THE PETITIONS ON THE GROUND THAT THE ASSESSEE HAS APPLIED FOR THE RECENTLY NOTIFIED VIVA D SE VISHWAS SCHEME, 2020. IT WAS POINTED OUT BY THE BENCH THAT UNDER SIMILAR FACTS, THE BANGALORE BENCH OF THE TRIBUNAL IS DISMISSING THE A PPEALS OF THE ASSESSEE AS WITHDRAWN AND LIBERTY IS GRANTED TO THE ASSESSEE TO APPROACH THIS TRIBUNAL FOR RECALL OF THIS TRIBUNAL ORDER IN CASE, THE ASSESSEE ULTIMATELY OPTS OUT OF THAT SCHEME. IN REPLY, LEARNED AR OF TH E ASSESSEE INSISTED FOR ADJOURNMENT, BUT HE FINALLY SUBMITTED THAT IF SUCH LIBERTY IS GRANTED, THEN HE HAS NO OBJECTION ABOUT DISMISSAL OF THESE APPEALS A S WITHDRAWN. LEARNED DR OF THE REVENUE ALSO AGREED TO THE PROPOSITION PU T FORTH BY THE BENCH. 3. IN VIEW OF THE ABOVE DISCUSSION, THE STAY PETITI ON AS WELL AS THE CONNECTED APPEAL OF THE ASSESSEE ARE DISMISSED AS W ITHDRAWN, WITH LIBERTY TO THE ASSESSEE TO APPROACH THIS TRIBUNAL FOR RECAL L OF THIS TRIBUNAL ORDER UNDER SECTION 254(2) OF THE ACT IN CASE THE ASSESSE E OPTS OUT OF VIVAD SE VISHWAS SCHEME, 2020, OR FOR ANY REASON IN CONNECTI ON WITH THE SAME. 4. IN THE RESULT, BOTH THE STAY PETITION AND APPEA L FILED BY THE ASSESSEE ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 15 TH DAY OF OCTOBER, 2020. SD/- SD/- ( B R BASKARAN ) ( N V VASUDEVAN ) ACCOUNTANT MEMBER VICE PRESIDENT BANGALORE, DATED, THE 15 TH OCTOBER, 2020. / DESAI S MURTHY / SP NO.136/BANG/2020 & ITA NO.602/BANG/2020 PAGE 3 OF 3 COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. BY ORDER ASSISTANT REGISTRAR ITAT, BANGALORE.