M/s Aryan Minerals , Hospet V. Deputy Commissioner of Income Tax Circle-1 , Bellary

ITA 881/BANG/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5005 (ITAT-BANGALORE)
• Duration Of Justice: 3 year(s) 9 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 20-04-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRIYADARSHI MISHRA
• Assessee Lawyers: S V RAVISHANKAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI. CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA NO.881/BANG/2017 ASSESSMENT YEAR : 2008-09 M/S ARYAN MINERALS, NO.8&9, RAJAPUR INN, J.P NAGAR, BELLARY ROAD, HOSPET. PAN AAMFA 6282 G VS. THE DY. COMMISSIONER OF INCOME-TAX, CIRCLE-1, BELLARY. APPELLANT RESPONDENT APPELLANT BY : SHRI S.V RAVISHANKAR, ADVOCATE RESPONDENT BY : SHRI PRIYADARSHI MISHRA, ADDL.CIT (DR) DATE OF HEARING : 04-02-2021 DATE OF PRONOUNCEMENT : 09-02-2021 ORDER PER BEENA PILLAI, JUDICIAL MEMBER PRESENT APPEAL BY THE ASSESSEE HAS BEEN FILED BY AS SESSEE AGAINST ORDER DATED 31/8/2015 PASSED BY CIT(A), KAL ABURAGI FOR ASSESSMENT YEAR 2008-09. 2. AT THE OUTSET, LD.AR VIDE LETTER DATED 3/2/2021 SUBMITTED THAT ASSESSEE HAS DECIDED TO GO IN FOR VSVS 2020. I T IS ALSO BEEN SUBMITTED THAT ASSESSEE FILED FORM 1 & 2 IN RESPECT OF THESE PAGE 2 OF 3 ITA NO.881/BANG/2017 APPEALS. HE HOWEVER FILED AN ADJOURNMENT APPLICATIO N SEEKING DATE TILL THAT RECEIVED FORM 3. 3. LD.SR.DR SUBMITTED THAT THE APPEALS MAY BE DISMI SSED AS NO PURPOSE WILL BE SERVED BY KEEPING THE APPEALS PE NDING. 4. WE HAVE PERUSED SUBMISSIONS ADVANCES BY BOTH SID ES IN LIGHT OF RECORDS PLACED BEFORE US. 5. AS ASSESSEE HAS SOUGHT FOR VSVS- SCHEME 2020, NO PURPOSE WILL BE SERVED IN KEEPING THE PRESENT APPEALS PENDI NG. CONSIDERING THE SITUATION, WE DISMISS THE PRESENT A PPEALS AS WITHDRAWN. HOWEVER, LIBERTY IS GRANTED TO MOVE APPR OPRIATE APPLICATION FOR RECALL OF THIS ORDER, IN ACCORDANCE WITH LAW IF CIRCUMSTANCES SO WARRANT. ACCORDINGLY, ASSESSEES APPEAL FOR YEAR UNDER CONSI DERATION IS ALLOWED TO BE WITHDRAWN WITH LIBERTY. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED AS WI THDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 9 TH FEBRUARY, 2021 SD/- SD/- (CHANDRA POOJARI) (BEENA PILLAI) ACCOUNTANT MEMBER JUDICIAL ME MBER BANGALORE, DATED, THE 9 TH FEBRUARY, 2021. /VMS/ COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE