M/s. MGM Trading Co, Bengaluru V. Assistant Commissioner of Income Tax, Circle-2(1), Bengaluru

ITA 743/BANG/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 6900 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 5 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-09-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 07-09-2020
• Assessment Year: 2013-2014
• Appeal Filed On: 09-03-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRIYADARSHI MISHRA
• Assessee Lawyers: S V RAVISHANKAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI A.K GARODIA, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA NO.743/BANG/2018 ASSESSMENT YEAR : 2013-14 M/S MGM TRADING CO., CRYSTAL ARC, 11 TH FLOOR, BALMATA ROAD, MANGALURU-575 001. PAN AALPM 9757 D VS. THE ASST. COMMISSIONER OF INCOME-TAX, CIRCLE-2(1), MANGALURU. APPELLANT RESPONDENT ASSESSEE BY : SHRI S.V RAVISHANKAR, ADVOCATE REVENUE BY : SHRI PRIYADARSHI MISHRA, JCIT (DR) DATE OF HEARING : 07-09-2020 DATE OF PRONOUNCEMENT : 08-09-2020 ORDER PER BEENA PILLAI, JUDICIAL MEMBER PRESENT APPEALS HAVE BEEN FILED BY ASSESSEE AGAINST ORDER DATED 26/12/2017 PASSED BY LD.CIT(A)-10, BANG ALORE, FOR ASSESSMENT YEARS 2013-14 2. A LETTER DATED 02/09/2020, HAS BEEN FILED BY LD. AR STATING THAT ASSESSEE HAS OPTED FOR VIVAD SE VISHWA S SCHEME, 2020. LD.AR SOUGHT FOR ADJOURNMENT TILL FOR M 3 WAS ISSUED BY REVENUE. 3. WE HAVE PERUSED SUBMISSIONS ADVANCES BY BOTH SID ES IN LIGHT OF RECORDS PLACED BEFORE US. PAGE 2 OF 3 IT(TA)A NO.743/BANG/2018 4. AS ASSESSEE HAS SOUGHT FOR VSVS- SCHEME 2020, NO PURPOSE WILL BE SERVED IN KEEPING PRESENT APPEAL PE NDING. HENCE WE REJECT REQUEST FOR ADJOURNMENT BY LD.AR. W E ALSO NOTE THAT ASSESSEE HAS YET NOT RECEIVED FORM 3 FROM THE DEPARTMENT. CONSIDERING THE SITUATION, WE DISMISS T HE PRESENT APPEAL AS WITHDRAWN. HOWEVER, LIBERTY IS GR ANTED TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THIS ORD ER, IN THE EVENT, FORM 1 FILED BY ASSESSEE IS NOT ACCEPTED BY REVENUE. IN THE RESULT, WITH ABOVE LIBERTY, WE DISMISS PRESE NT APPEAL AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH SEPT, 2020. SD/- SD/- (A.K GARODIA) (BEENA PILLAI) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE, DATED, THE 8 TH SEPT., 2020. /VMS/ COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME-TAX APPELLATE TRIBUNAL. BANGALORE. PAGE 3 OF 3 IT(TA)A NO.743/BANG/2018 DATE INITIAL 1. DRAFT DICTATED ON ON DRAGON SR.PS 2. DRAFT PLACED BEFORE AUTHOR -09-2020 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER -09-2020 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. -09-2020 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS -09-2020 SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON -09-2020 SR.PS 7. DATE OF UPLOADING THE ORDER ON WEBSITE -09-2020 SR.PS 8. IF NOT UPLOADED, FURNISH THE REASON -- SR.PS 9. FILE SENT TO THE BENCH CLERK -09-2020 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