M/s Dan Constructions Pvt. Ltd., Bangalore V. DCIT, Bangalore

ITA 760/BANG/2016

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5169 (ITAT-BANGALORE)
• Duration Of Justice: 4 year(s) 6 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-10-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 07-10-2020
• Assessment Year: 2011-2012
• Appeal Filed On: 07-04-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRIYADARSHI MISHRA J

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. 7 60 /BANG/201 6 ASSESSMENT YEAR : 2011 12 M/S DAN CONSTRUCTIONS PVT. LTD., IC 48, 40 FEET ROAD, HAL III STAGE, INDIRANAGAR, BENGALURU 560075 PAN : A A AC D5286G VS. DCIT CIRCLE 11 (1), BENGALURU APPELLANT RESPONDENT ASSESSEE BY : S HREE PRANAV KRISHNA, ADVOCATE REVENUE BY : SHREE PRIYADARSHI MISHRA , J CIT DR DATE OF HEARING : 0 7 . 1 0 .20 20 DATE OF PRONOUNCEMENT : 09 . 1 0 .20 20 O R D E R PER ARUN KUMAR GARODIA, A. M.: THIS APPEAL IS FILED BY THE ASSESSEE AND THE SAME IS DIRECTED AGAINST THE ORDER OF CIT (A) 2, BENGALURU DATED 07.03.2016. 2. IN COURSE OF HEARING, LEARNED AR OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE WANTS TO AVAIL BENEFIT OF VIVAD SE VISWAS ACT 2020 AND THEREFORE, THIS APPEAL MAY BE KEPT IN ABEYANCE BECAUSE ALTHOUGH THE ASSESSEE HAS FILED FORMA AND FORM 2 UNDER THAT ACT BUT FORM 3 IS YET TO BE RECEIVED FROM THE DEPARTMENT. AT THIS JUNCTURE, THE BENCH POINTED OUT THAT THIS BENCH IS TAKING A CONSISTENT VIEW THAT UNDER THESE FACTS, NO PURPOSE WILL BE SERVED BY KEEPING SUCH APPEALS PENDING AND THEREFORE, SUCH APPEALS ARE BEING DISMISSED AS WITHDRAWN AND LIBERTY IS BEING GRANTED TO THE ASSESSEE TO APPROACH THIS TRIBUNAL FOR RECALL OF THIS ORDER U/S 254 (2) OF I T ACT IN CASE THE ASSESSEE DOES NOT FINALLY OPT FOR THIS SCHEME OR OPTS OUT OF THAT SCHEME FOR ANY REASON OR THERE ITA NO. 760 /BANG/2016 PAGE 2 OF 2 IS ANY PROBLEM UNDER THAT ACT. IN REPLY, LEARNED AR OF THE ASSESSEE SUBMITTED THAT IF SUCH LIBERTY IS GRANTED THEN HE HAS NO OBJECTION TO DISMISSAL OF THE APPEAL AS WITHDRAWN WITH SUCH LIBERTY. 3. LEARNED DR OF THE REVENUE HAD NO OBJECTION ABOUT THIS PROPOSITION PUT FORWARD BY THE BENCH. HENCE, WE DISMISS THIS APPEAL AS WITHDRAWN AND GRANT LIBERTY TO THE ASSESSEE TO APPROACH THIS TRIBUNAL FOR RECALL OF THIS ORDER U/S 254 (2) OF I T ACT IN CASE THE ASSESSEE AT SOME STAGE BEFORE COMPLETION OF THE FORMALITIES UNDER THAT ACT DECIDES TO OPT OUT OF THAT SCHEME UNDER VIVAD SE VISWAS ACT OR THERE IS ANY PROBLEM UNDER THAT ACT. 4. IN THE RESULT, THIS APPEAL OF THE ASSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- SD/- (BEENA PILLAI) (A.K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED: 09 TH OCTOBER, 2020. /NS/* AKG COPY TO: 1. APPELLANTS 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.