M/s ACT Digital Home Enterainment Private Limited , Bangalore V. Deputy Commissioner of Income Tax Circle-1(1)(1), Bangalore

ITA 683/BANG/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6392 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 11-05-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 05-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SOMANATH UKKALI
• Assessee Lawyers: MANJU PRASAD

Judgement Text

ITA NO.683/BANG/2019 M/S. ACT DIGITAL HOME ENTERTAINMENT PVT. LTD., BANG ALORE IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: BANGALORE BEFORE SHRI GEORGE GEORGE K., JUDICIAL MEMBER AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER ITA NO.683/BANG/2019 ASSESSMENT YEAR : 2011-12 ACT DIGITAL HOME ENTERTAINMENT PVT. LTD. NO.1, 2 ND FLOOR, INDIAN EXPRESS BUILDING QUEENS ROAD BANGALORE 560 001 PAN NO : AACCE0180C VS. DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-1(1)(1) BANGALORE APPELLANT RESPONDENT A PPELLANT BY : SHRI MANJU PRASAD, A.R. RESPONDENT BY : SHRI SOMANATH UKKALI, D.R. DATE OF HEARING : 20.04.2021 DATE OF PRONOUNCEMENT : 20.04.2021 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 23-01-2019 PASSED BY LD CIT(A)-1, BENGALURU AND IT RELATES TO THE ASSESSMENT YEAR 2011-12. 2. THE LD COUNSEL FOR THE ASSESSEE HAS FURNISH ED A LETTER STATING THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE U NDER DIRECT TAX VIVAD SE VISHWAS ACT FOR SETTLEMENT OF THE DISPUTE BY FILING FORM NO.1 & 2 AND HAS ALSO RECEIVED FORM NO.3. ACCORDINGLY T HE LD A.R SUBMITTED THAT THE ASSESSEE WISHES TO WITHDRAW THE APPEAL. THE LD ITA NO.683/BANG/2019 M/S. ACT DIGITAL HOME ENTERTAINMENT PVT. LTD., BANG ALORE PAGE 2 OF 2 A.R SUBMITTED THAT THE ASSESSEE MAY BE GIVEN LIBERT Y TO SEEK RECALL OF THE ORDER, IF SOMETHING GOES WRONG. 3. THE LD D.R DID NOT OBJECT TO THE PRAYER MADE B Y THE ASSESSEE. 4. WE HEARD THE PARTIES AND PERUSED THE RECORD. SINCE THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE UNDER DIRECT TAX VI VAD SE VISHWAS ACT, 2020, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THIS APPEAL PENDING. ACCORDINGLY WE DISMISS THE AP PEAL OF THE ASSESSEE AS WITHDRAWN. HOWEVER, THE ASSESSEE IS GIV EN LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRES ENT ORDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSEE INTENDS TO DO SO. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE I S DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH APR, 2021 SD/- (GEORGE GEORGE K. ) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 20 TH APR, 2021. 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.