Pradeep Jayanna, Bengaluru V. Income Tax Officer, Ward-5(3)(3), Bengaluru

ITA 876/BANG/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5650 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 6 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-10-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 21-03-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES A BENCH: BANGALORE BEFORE SHRI GEORGE GEORGE K, JUDICIAL MEMBER AND SHRI B.R.BASKARAN, ACCOUNTANT MEMBER ITA NO. & ASST. YEAR APPELLANT RESPONDENT 876 /BANG/201 8 20 08 - 09 S HRI PRADEEP JAY ANNA, NO.139 - A, JAYADEEP, 4 TH MAIN, 5 TH CROSS, P P LAYOUT, BSK III STAGE, BANGALORE - 560 0 85 PAN ADEPJ 1803D INCOME TAX OFFICER , WARD 5 ( 3 )( 3 ), BANGALORE. ASSESSEE BY: NONE. REVENUE BY: NONE. DATE OF HEARING : 5.10 .20 20. DATE OF PRONOUN CEMENT : 5.10 .20 20. O R D E R PER SHRI GEORGE GEORGE K , JM : TH IS APPEAL AT THE INSTANCE OF ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 5 , BANGALORE DT. 1 1.1 2 .201 7 . THE RELEVANT ASSESSMENT YEAR IS 2008 - 09 . 2 . T HE LEARNED AUTHORISED REPRESENTATIVE SUBMITTED A LETTER STATING TH A T THE ASSESSE E HAS FILED AN APPLICATION ON 23.03.2020 UNDER THE VIVAD SE VISHWAS ACT, 20 20 AND REQUESTED FOR ADJOURNMENT OF THE CASE. SINCE THE ASSESSEE HAS FILED AN APPLICATION UNDER V IVAD SE VISHWAS ACT, 2020, WE REJECTED THE ADJOURNMENT 2 ITA NO . 876 /BANG /201 8 REQUEST AND PROCEED TO DISPOSED OF THE C ASE. T HE ASSESSE E HAS TO WITHDRAW THE PENDING APPEAL AFTER FILING THE FORM VSV1 AS PER VIVAD SE VISHWAS ACT, 2 020. THEREAFTER THE ASSESSE E IS 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. 3 . WE HAVE PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS FILED APPLICATION BEFORE THE DEPARTMENT UNDE R VIVAD SE VISHWAS ACT, 2020, THE P RESENT APPEAL FILED BEFORE THE TRIBUNAL, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PENDING. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSE E AS WITHDRAWN. FURTHE R THE ASSESSE E IS AT LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSE E INTENDS TO DO SO. 4 . IN THE RESULT, THE APPEAL OF THE ASSESSE E IS DISMISSED AS WITHDRAWN. PRONOUNC ED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTIO N PAGE. SD/ - SD/ - ( B.R. BASKARAN ) ( GEORGE GEORGE K ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 05.10 . 20 2 0 . *REDDY GP 3 ITA NO . 876 /BANG /201 8 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