Sri. M.K. Kempasiddaiah, Bangalore V. Assistant Commissioner Of Income Tax, Central Circle-1(3), Bangalore

ITA 685/BANG/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6897 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 28-01-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 02-11-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GANESH R GHALE DEPT
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC-A BENCH : BANGALORE BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT ITA NOS.682 TO 686/BANG/2020 ASSESSMENT YEARS : 2008-09 TO 2011-12 AND 2013-14 SHRI. M. K. KEMPASIDDAIAH, NO.412, 4 TH A MAIN, 1 ST BLOCK 3 RD STAGE, BASAVESHWARANAGAR, BENGALURU 560 079. PAN : A CUPM 2304 D VS. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(3), BENGALURU. APPELLANT RESPONDENT ASSESSEE BY : SHRI. NARENDRA SHARMA , A DVOCATE REVENUE BY : SHRI . GANESH R. GHALE, STANDING COUNSEL FOR DEPT. DATE OF HEARING : 2 9 . 0 1.2021 DATE OF PRONOUNCEMENT : 2 9 . 0 1.2021 O R D E R THESE ARE FIVE APPEALS BY THE ASSESSEE AGAINST THE ORDER OF CIT(A) -11, BENGALURU, DATED 10.05.2018, RELATING TO ASSESSMENT YEARS 2008-09 TO 2011-12. 2. THE LEARNED AR OF THE ASSESSEE ORALLY SUBMITTED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE IN THESE APPEALS UNDER THE DIRECT TAX VIVAD SE VISHWAS SCHEME, 2020, HAS FILED FORMS 1 AND 2 AND HAS REQUESTED FOR ADJOURNMENT OF THE APPEALS. 3. IN THE COURSE OF HEARING, IT WAS THE PROPOSITION PUT FORWARD BY THE BENCH THAT UNDER THESE FACTS, THE APPEALS OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN AND LIBERTY MAY BE GRANTED TO THE ASSESSEE TO APPROACH THIS TRIBUNAL FOR RECALL OF THIS ORDER UNDER SECTION 254(2) OF THE ACT IN CASE THE ITA NOS.682 TO 686/BANG/2020 PAGE 2 OF 2 ASSESSEE FINALLY OPTS OUT OF VIVAD SE VISHWAS SCHEME, 2020. IN REPLY, IT WAS SUBMITTED BY LEARNED AR OF THE ASSESSEE THAT IF THE LIBERTY IS GRANTED TO THE ASSESSEE, THEN WE HAVE NO OBJECTION ABOUT DISMISSAL OF THE APPEALS AS WITHDRAWN. 4. THE APPEALS ARE ACCORDINGLY DISMISSED AS WITHDRAWN. THE ASSESSEE IS HOWEVER AT LIBERTY TO SEEK RECALL OF THIS ORDER IN CASE THE ASSESSEE IS NOT ABLE TO SETTLE THE DISPUTE UNDER THE SCHEME. 5. IN THE RESULT, ASSESSEES APPEALS ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- SD/- BANGALORE, DATED: 29.01.2021. /NS/* COPY TO: 1. APPELLANTS 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE. (B.R. BASKARAN) (N. V. VASUDEVAN) ACCOUNTANT MEMBER VICE PRESIDENT