M/s Hilltop Granites Pvt Ltd , Bangalore V. Income Tax Officer Ward-3(1)(3), Bangalore

ITA 824/BANG/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 6737 (ITAT-BANGALORE)
• Duration Of Justice: 3 year(s) 5 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-09-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 14-09-2020
• Assessment Year: 2012-2013
• Appeal Filed On: 11-04-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DR SHANKAR PRASAD K
• Assessee Lawyers: SAURABH JAIN
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI A. K. GARODIA, ACCOUNTANT MEMBER AND S HRI GEORGE GEORGE K. JUDICIAL MEMBER ITA NO. 82 4 /BANG/201 7 ASSESSMENT YEAR : 2012 13 M/S. HILLTOP GRANITES PVT. LTD., NO. 14/1, BANNERGHATTA ROAD, NEAR MICO BACK GATE, BENGALURU 560030 PAN : AAACH7398P VS. ITO WARD 3 (1) (3), BENGALURU APPELLANT RESPONDENT ASSESSEE BY : S HREE S AURABH JAIN, C. A. REVENUE BY : DR. SHANKAR PR ASA D K., ADDL. CIT DR DATE OF HEARING : 14 . 0 9 .20 20 DATE OF PRONOUNCEMENT : 1 4 . 0 9 .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 LEARNED CIT (A) 3 BENGALURU DATED 10.02.2017. 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THAT THE ASSESSEE WANTS TO AVAIL BENEFIT OF VIVAD SE VISWAS ACT 2020 AND THEREFORE, THIS APPEAL MAY BE DISMISSED AS WITHDRAWN. HE SUBMITTED THAT A LETTER IS FILED BY THE ASSESSEE WITH THE REGISTRY OF THE TRIBUNAL ON 09.09.2020 IN THIS REGARD. HE ALSO SUBMITTED THAT THE TRIBUNAL SHOULD 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 DOES NOT FINALLY OPT FOR THIS SCHEME OR OPTS OUT OF THAT SCHEME FOR ANY REASON OR THERE IS ANY PROBLEM UNDER THAT ACT. ITA NO. 82 4/BANG/2017 PAGE 2 OF 2 3. LEARNED DR OF THE REVENUE HAD NO OBJECTION ABOUT THIS REQUEST OF THE ASSESSEE. HENCE, WE DISMISS THIS APPEAL AS WITHDRAWN AND GRANT LIBERTY TO THE ASSESSEE TO APPROACH THIS TRIBUNAL FOR RECALL OF THIS ORDER U/S 254 (2) OF I T ACT IN CASE THE ASSESSEE AT SOME STAGE BEFORE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/- (GEORGE GEORGE K.) (A.K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED: 14 TH SEPTEMBER, 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.