Sri Subbaiah Narappa Srinivasam , Bangalore V. Income Tax Officer Ward-7(2)(3), Bangalore

ITA 687/BANG/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3983 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 6 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 03-11-2020
• Assessment Year: 2015-2016
• Appeal Filed On: 08-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: SANDEEP CHALAPATHY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES A, BANGALORE BEFORE SHRI N.V.VASUDEVAN, VP & SHRI CHANDRA POOJARI, AM ITA NO.795/BANG/2019 : ASST.YEAR 2014-2015 ITA NO.687/BANG/2019 : ASST.YEAR 2015-2016 SRI.SUBBAIAH NARAPPA SRINIVASAN NO.41/04, 3 RD CROSS, S.G.PALYA BANGALORE 560 029. PAN : ACIPS8803M. V. THE INCOME TAX OFFICER WARD 7(2)(3) BANGALORE. (APPELLANT) (RESPONDENT) APPELLANT BY : SRI.SANDEEP CHALAPATHY, CA RESPONDENT BY : SRI.KANNAN NARAYANAN, JCIT-DR DATE OF HEARING : 03.11.2020 DATE OF PRONOUNCEMENT : 03.11.2020 O R D E R PER CHANDRA POOJARI, AM : THESE APPEALS AT THE INSTANCE OF THE ASSESSEE ARE DIRECTED AGAINST THE TWO DIFFERENT ORDERS OF THE CIT(A). THE RELEVANT ASSESSMENT YEARS ARE 2014-2015 AND 2015-2016. 2. AT THE TIME OF HEARING BEFORE US, THE LEARNED COUNSEL FOR THE ASSESSEE FURNISHED A LETTER DATED 03 RD NOVEMBER, 2020, WHEREIN IT IS STATED THAT THE ASSESSEE IS IN PROCESS OF FILING THE APPLICATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT FOR SETTLEMENT OF THE DISPUTE, AND ACCORDINGLY, HE PRAYED THAT THE APPEALS MAY BE ADJOURNED. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE, HOWEVER, SUBMITTED THAT THE ASSESSEE HAS TO WITHDRAW THE PENDING APPEALS 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 THE PROOF OF PAYMENT OF TAX AS DETERMINED BY THE TAX OFFICIAL TO THE TO THE DEPARTMENT. HE SUBMITTED THAT FORM NO.3 SHALL BE ISSUED TO THE ASSESSEE IN DUE COURSE AND ITA NOS.795 & 687/BANG/2019 SRI.SUBBAIAH NARAPPA SRINIVASAN. 2 ACCORDINGLY HE SUBMITTED THAT THE APPEALS OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN, AS THE ASSESSEE IN ANY CASE IS REQUIRED TO WITHDRAW THE APPEALS. THE LEARNED DR FURTHER SUBMITTED THAT IN THIS TYPE OF CASES, THE TRIBUNAL IS GIVING LIBERTY TO SEEK RECALL OF THE ORDER IF THE APPEAL IS DISMISSED BY THE BENCH. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. THE SUBMISSIONS MADE BY THE LEARNED DR IS CONSIDERED. SINCE THE ASSESSEE IS IN PROCESS OF FILING THE APPLICATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT FOR SETTLEMENT OF THE DISPUTE, THE ASSESSEE WOULD BE MOVING APPLICATION FOR WITHDRAWING THE PRESENT APPEALS FILED BEFORE THE TRIBUNAL IN DUE COURSE. HENCE, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THESE APPEALS PENDING. ACCORDINGLY, WE DISMISS THE APPEALS OF THE ASSESSEE AS WITHDRAWN. SINCE WE HAVE DISMISSED THE APPEALS, THE ASSESSEE IS AT LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSEE INTENDS TO DO SO. 5. IN THE RESULT, THE APPEALS FILED BY THE ASSESSEE ARE DISMISSED, AS WITHDRAWN. ORDER PRONOUNCED ON THIS 03 RD DAY OF NOVEMBER, 2020 . SD/- SD/- (N.V.VASUDEVAN) ( CHANDRA POOJARI ) VICE-PRESIDENT ACCOUNTANT MEMBER BANGALORE; DATED : 03 RD NOVEMBER, 2020. DEVADAS G* ITA NOS.795 & 687/BANG/2019 SRI.SUBBAIAH NARAPPA SRINIVASAN. 3 COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT(A)-10, BENGALURU. 4. THE PR.CIT-7, BENGALURU. 5. THE DR, ITAT, BENGALURU. 6. GUARD FILE. ASST.REGISTRAR/ITAT, BANGALORE