M/s BDK Process Equipments INC, Hubli V. DCIT, Hubli

ITA 802/BANG/2016

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 6512 (ITAT-BANGALORE)
• Duration Of Justice: 4 year(s) 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-09-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 16-09-2020
• Assessment Year: 2003-2004
• Appeal Filed On: 15-04-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DR SHANKAR PRASAD K
• Assessee Lawyers: S ANNAMALAI
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES A BENCH: BANGALORE BEFORE SHRI A.K. GARODIA, ACCOUNTANT MEMBER AND SHRI GEORGE GEORGE K, JUDICIAL MEMBER ITA NO. & ASST. YEAR APPELLANT RESPONDENT 802 /BANG/201 6 20 0 3 - 04 M/S. BDK PROCES S EQUIPMENTS INC C/O KHIMJI FLOW EQUIPMENTS PVT. LTD., BLOCK NO.67E/67F, TARIHAL REVADHIHAL ROAD, HUBLI - 580 026 PAN AABFB 4615M DY. COMMISSIONER OF INCOME TAX, CIRCLE 3(1), HUBLI. 803/BANG/2016 2004 - 05 - DO - - DO - ASSESSE S BY: SHRI S. ANNAMALAI, ADVOC ATE. REVENUE BY: DR. SHANKAR PRASAD K, ADDL. CIT (D.R) DATE OF HEARING : 1 6 .09 .20 20. DATE OF PRONOUNCEMENT : 1 6 .09 .20 20. O R D E R PER BENCH : THE SE APPEALS AT THE INSTANCE OF THE ASSESSE E ARE DIRECTED AGAINST DIFFERENT ORDER S OF C OMMIS SIONER OF INCOME TAX (APPEALS) , HUBLI . SINCE COMMON ISSUE IS INVOLVED IN THESE APPEALS, THEY ARE HEARD TOGETHER AND CONSOLIDATED ORDER IS PASSED FOR THE SAKE OF CONVENIENCE. THE RELEVANT ASSESSMENT YEARS ARE 2003 - 04 & 2004 - 05. 2. AT THE TIME OF HE ARING, THE LEARNED AUTHORISED REPRESENTATIVE SUBMITTED TH A T THESE ASSESSES HAVE OPTED TO FILE AN APPLICATION UNDER THE VIVAD SE VISHWAS ACT, 2020. ACCORDINGLY, LD. AR SUBMITTED THAT THESE APPEALS MAY BE DISMISSED WITH THE 2 ITA NO S . 802 & 803 /BANG/201 6 LIBERTY TO MOVE APPROPRIATE APPL ICATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH LAW, IF THE ASSESSES INTENDED TO DO SO. 3. ON THE OTHER HAND, THE LEARNED DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE ASSESSES HAVE TO WITHDRAW THE PENDING APPEALS AFTER FILING THE FORM V SV1 AS PER VIVAD SE VISHWAS ACT, 2020. THEREAFTER THE ASSESSES ARE REQUIRED 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ISSUED TO T HE ASSESSES IN DUE COURSE AND ACCORDINGLY HE SUBMITTED THAT THE APPEALS OF THE ASSESSES MAY BE DISMISSED AS WITHDRAWN, AS THE ASSESSES, IN ANY WAY, IS REQUIRED TO WITHDRAW THE APPEALS. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECO RD. SINCE THE ASSESSE E HA S OPTED FOR VIVAD SE VISHWAS ACT, 2020, THE ASSESSE E IS INTERESTED IN NOT PROSECUTING THESE APPEALS FILED BEFORE THE TRIBUNAL. SINCE THE ASSESSE E HAS ALREADY FILED THE NECESSARY APPLICATIONS BEFORE THE TAX AUTHORITIES UNDER THE ABOVE SAID SCHEME, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THE A PPEALS PENDING. ACCORDINGLY, WE DISMISS THE APPEALS OF THE ASSESSES AS WITHDRAWN. FURTHER THE ASSESSES ARE AT LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE P RESENT ORDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSES INTENDS TO DO SO. 5. IN THE RESULT, BOTH THE APPEAL S OF THE ASSESSES ARE DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/ - SD/ - ( A.K. GARODIA ) ( GEORGE GEORGE K ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 16.09. 20 20 . *REDDY GP 3 ITA NO S . 802 & 803 /BANG/201 6 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