ITO, Bellary V. M/s Sai Balaji Cottons, Bellary

ITA 841/BANG/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6848 (ITAT-BANGALORE)
• Duration Of Justice: 4 year(s) 9 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 28-01-2021
• Assessment Year: 2012-2013
• Appeal Filed On: 25-04-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

ITA NO.841/BANG/2016 M/S. SAI BALAJI COTTONS, BELLARY IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: BANGALORE BEFORE SHRI GEORGE GEORGE K., JUDICIAL MEMBER AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER ITA NO.841/BANG/2016 ASSESSMENT YEAR: 2012-13 ITO WARD-2 BELLARY VS. M/S. SAI BALAJI COTTONS NO.3, HALAKUNDI VILLAGE BELLARY PAN NO : ABEFS7173H APPELLANT RESPONDENT APPELLANT BY : SHRI KANNAN NARAYANAN, D.R. RESPONDENT BY : SHRI PRANAV KRISHNA, A.R. DATE OF HEARING : 28.01.2021 DATE OF PRONOUNCEMENT : 28.01.2021 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE REVENUE HAS FILED THIS APPEAL CHALLENGING THE O RDER DATED 12-02-2016 PASSED BY LD CIT(A), GULBARGHA AND IT RE LATES TO THE ASSESSMENT YEAR 2012-13. 2. THE LD A.R OF THE ASSESSEE HAS FILED A LETTER ST ATING THAT THE ASSESSEE IS OPTING TO SETTLE THE ISSUES CONTESTED B Y THE REVENUE IN THE YEAR UNDER CONSIDERATION UNDER DIRECT TAXES VIVAD S E VISHWAS ACT, 2020 AND HAS FILED FORM 1 AND 2. THE LD A.R SUBMIT TED THAT THE ASSESSEE HAS NOT RECEIVED FORM NO.3. ACCORDINGLY H E SOUGHT ADJOURNMENT OF THE MATTER. HOWEVER, THE LD A.R ALS O SUBMITTED THAT ITA NO.841/BANG/2016 M/S. SAI BALAJI COTTONS, BELLARY PAGE 2 OF 3 THE BANGALORE BENCH OF TRIBUNAL IS DISMISSING THE A PPEAL IN SUCH KIND OF CASES GIVING LIBERTY TO SEEK RECALL OF THE ORDER. 3. THE LD D.R, SUBMITTED THAT THE APPEAL HAS BEE N FILED BY THE REVENUE AND HENCE, IF THE PRESENT APPEAL IS DISMISS ED AND IF SOMETHING GOES WRONG WITH THE APPLICATION FILED BY THE ASSESSEE FOR SETTLEMENT OF DISPUTES, THEN THE REVENUE SHOULD BE GIVEN LIBERTY TO FILE APPLICATION SEEKING RECALL OF THE ORDER. THE LD D.R FURTHER SUBMITTED THAT THE ASSESSEE SHOULD BE DIRECTED TO I NTIMATE THE AO ABOUT THE RESULT OF THE APPLICATIONS FILED BY HIM A ND IF THEY DO NOT GO THROUGH AS DESIRED BY THE ASSESSEE, THEN THE ASSESS EE SHOULD PERSUADE THE AO TO FILE NECESSARY APPLICATIONS FOR SEEKING RECALL OF THIS ORDER WITHIN THE STATUTORY TIME LIMIT PRESCRIB ED UNDER THE ACT. 4. WE HEARD THE PARTIES AND PERUSED THE RECORD. S INCE THE ASSESSEE HAS ALREADY FILED APPLICATIONS UNDER VSVS ACT FOR T HE YEAR UNDER CONSIDERATION, WE ARE OF THE VIEW THAT NO PURPOSE W OULD BE SERVED IN KEEPING THIS APPEAL PENDING, SINCE THE PRESENT APPE AL HAVE TO BE WITHDRAWN BY THE REVENUE ONCE THE DISPUTE IS SETTLE D UNDER THE ABOVE SAID ACT. ACCORDINGLY, WE DISMISS THE APPEAL OF THE REVENUE. 5. HOWEVER, WE FIND MERIT IN THE SUBMISSIONS MAD E BY LD D.R. SINCE THE APPEAL FILED BY THE REVENUE IS DISMISSED BY US AT THE INSTANCE OF THE ASSESSEE, WE DIRECT THE ASSESSEE TO PERSUADE THE AO TO FILE NECESSARY APPLICATIONS FOR RECALL OF THIS O RDER IN ACCORDANCE WITH LAW WITHIN THE STATUTORY TIME PERIOD, IF SOMET HING GOES WRONG IN RESPECT OF APPLICATIONS FILED BY THE ASSESSEE UNDER VSVS ACT. ITA NO.841/BANG/2016 M/S. SAI BALAJI COTTONS, BELLARY PAGE 3 OF 3 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH JAN, 2021 SD/- (GEORGE GEORGE K. ) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 28 TH JAN, 2021. VG/SPS COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASST. REGISTRAR, ITAT, BANGALORE.