M/s. Mymul Raitha Kalyana Turst, Mysuru V. The Assistant Commissioner Of Income Tax, Circle- 3(2)(1), Bangalore

ITA 700/BANG/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7888 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 18-01-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 12-11-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL S.M.C. C BENCH: BANGALORE BEFORE SHRI GEORGE GEORGE K , JUDICIAL MEMBER ITA NO. 700 /BANG/20 20 (ASSESSMENT YEAR: 20 13 - 14 ) M/S. MYMUL RAITHA KALYANA TRUST, MALAI MAHADESWARA ROAD, MYSORE DIARY, SIDDARTHA NAGAR, MYSURU - 570 011 .APPELLANT . PAN AACTM 1497P VS. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 3(2)(1), BANGALORE. RESPONDENT. ASSESSEE BY: SHRI SURESH MUTHUKRISHNAN,ADVOCATE. REVENUE BY: SHRI GANESH R GHALE, STANDING COUNSEL FOR DEPARTMENT. DATE OF HEARING : 18.01 .20 2 1 . DATE OF PRONOUNCEMENT : 18.01.021 . O R D E R TH IS APPEAL AT THE INSTANCE OF ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 14, BANGALORE DT.16.09.2020 FOR THE ASSESSMENT YEAR 2013 - 14. 2. AT THE TIME OF HEARING, THE LEARNED AUTHORISED REPRESENTATIVE SUBMITTED THAT THESE AS SESSEE HAS OPTED TO FILE AN APPLICATION UNDER THE VIVAD SE VISHWAS ACT, 2020. ACCORDINGLY, LD. AR SUBMITTED THAT THE APPEAL MAY BE DISMISSED WITH THE LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH LAW, IF THE A SSESSEE INTENDED TO DO SO. 2 ITA NO. 700/BANG/ 2020 3. ON THE OTHER HAND, THE LEARNED DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE ASSESSEE HAS TO WITHDRAW THE PENDING APPEALS AFTER FILING THE FORM VSV1 AS PER VIVAD SE VISHWAS ACT, 2020. THEREAFTER THE ASSESSEE IS REQUIR ED TO FURNISH A COPY OF THE SAME ALONG WITH THE PROOF OF PAYMENT OF TAX AS DETERMINED BY THE TAX OFFICIAL TO THE DEPARTMENT. LD. DR SUBMITTED THAT THE FORM NO.3 SHALL BE ISSUED TO THE ASSESSEE IN DUE COURSE AND ACCORDINGLY HE SUBMITTED THAT THE APPEAL OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN, AS THE ASSESSEE, IN ANY WAY, IS REQUIRED TO WITHDRAW THE APPEALS. 4. I HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS ACT, 2020, THE ASSESS EE WOULD BE MOVING APPLICATION FOR WITHDRAWING THE PRESENT APPEALS FILED BEFORE THE TRIBUNAL IN DUE COURSE. SINCE THE ASSESSEE HAS ALREADY FILED THE NECESSARY APPLICATION BEFORE THE TAX AUTHORITIES UNDER THE ABOVE SAID SCHEME, I AM OF THE VIEW THAT NO PU RPOSE WILL BE SERVED IN KEEPING THE APPEAL PENDING. ACCORDINGLY, I DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. FURTHER THE ASSESSEE IS AT LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF THE ASSE SSEE INTENDS TO DO SO. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/ - ( GEORGE GEORGE K ) JUDICIAL MEMBER DATED: 18.01. 20 2 1 . *REDDY GP 3 ITA NO. 700/BANG/ 2020 COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT (A) 4. PR. CIT 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE