DS- Max Properties Private Limited, Bangalore V. Assistant Commissioner Of Income Tax, Central Circle- 1(4), Bangalore

ITA 665/BANG/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1891 (ITAT-BANGALORE)
• Duration Of Justice: 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 23-02-2021
• Assessment Year: 2016-2017
• Appeal Filed On: 22-09-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B.K SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI. B.R BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA NO.665/BANG/2020 ASSESSMENT YEAR : 2016-17 DS MAX PROPERTIES PVT. LTD., #1854, 17 TH MAIN, 30 TH B CROSS, 5 TH BLOCK, HBR LAYOUT, 1 ST STAGE, BENGALURU-560 043. PAN AACCD 6168 M VS. THE ASST. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(4), BENGALURU. APPELLANT RESPONDENT ASSESSEE BY : SHRI PRANAV KRISHNA, ADVOCATE REVENUE BY : SHRI B.K SINGH, CIT (DR) DATE OF HEARING : 23-02-2021 DATE OF PRONOUNCEMENT : 08-03-2021 ORDER PER BEENA PILLAI, JUDICIAL MEMBER PRESENT APPEAL BY THE ASSESSEE HAS BEEN FILED BY AS SESSEE AGAINST ORDER DATED 14/02/2020 PASSED BY CIT-11, BE NAGALURU FOR ASSESSMENT YEAR 2016-17. 2. THE ASSESSEE HAS FILED A LETTER STATING THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE IN ITS APPEAL UNDER DIR ECT TAXES VIVAD SE VISHWAS ACT, 2020. IT IS FURTHER STATED THAT TH E ASSESSEE HAS FILED FORM NO.1 & 2 AND ALSO RECEIVED FORM NO. 3 FO R THE APPEAL FILED BY THE ASSESSEE AND IT HAS ALSO RECEIVED FORM NO.3. PAGE 2 OF 3 ITA NO.665/BANG/2020 ACCORDINGLY IT IS SUBMITTED THAT APPEAL OF THE ASSE SSEE MAY BE DISMISSED AS WITHDRAWN. 3. WE HEARD LD D.R, WHO DID NOT OBJECT TO THE PR AYER OF THE ASSESSEE. WE NOTE THAT THE PRESENT APPEAL HAS BEEN FILED BY ASSESSEE WITH A DELAY OF 135 DAYS. THE ASSESSEE HA S OPTED FOR VSV SCHEME AND HAS FILED FORM 1 & 2 AGAINST WHICH F ORM 3 HAS BEEN RECEIVED. WE, THEREFORE, CONDONE THE DELAY WI THOUT ISSUES CONTESTED IN THE APPEAL OF THE ASSESSEE HAVE BEEN S ETTLED UNDER THE DIRECT TAXES VIVAD SE VISHWAS ACT, 2010, WE DIS MISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. HOWEVER, WE G IVE LIBERTY TO THE ASSESSEE TO SEEK RECALL OF THIS ORDER IN ACCORD ANCE WITH LAW, IF THE CIRCUMSTANCES SO WARRANT. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH MARCH, 2021 SD/- SD/- (B.R BASKARAN) (BEENA PILLAI) ACCOUNTANT MEMBER JUDICIAL ME MBER BANGALORE, DATED, THE 8 TH MARCH, 2021. /VMS/ COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE PAGE 3 OF 3 ITA NO.665/BANG/2020 DATE INITIAL 1. DRAFT DICTATED ON ON DRAGON SR.PS 2. DRAFT PLACED BEFORE AUTHOR -2-2021 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER -2-2021 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. -2-2021 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS -2-2021 SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON -2-2021 SR.PS 7. DATE OF UPLOADING THE ORDER ON WEBSITE -2-2021 SR.PS 8. IF NOT UPLOADED, FURNISH THE REASON -- SR.PS 9. FILE SENT TO THE BENCH CLERK -2-2021 SR.PS 10. DATE ON WHICH FILE GOES TO THE AR 11. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 12. DATE OF DISPATCH OF ORDER. 13. DRAFT DICTATION SHEETS ARE ATTACHED NO SR.PS