M.Sushil Kumar , K G F V. The Assistant Commissioner of Income Tax Circle-4(2)(1), Bangalore

ITA 886/BANG/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 7886 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 4 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 21-09-2020
• Assessment Year: 2012-2013
• Appeal Filed On: 24-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NEERA MALHOTRA CIT BENGALURU

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT AND SHRI A. K. GARODIA , ACCOUNTANT MEMBER ITA NO. 8 8 6 /BANG/20 1 9 ASSESSMENT YEAR : 2012-13 SHRI. M. SUSHIL KUMAR, M/S. ABHISHEK BANKERS, ROBERSONPET, KGF 563 122. PAN : A DMPK 2632 H VS. THE ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE 4(2)(1) BENGALURU. APPELLANT RESPONDENT ASSESSEE BY : SMT. SUMAN LUNKAR, CA REVENUE BY : MS. NEERA MALHOTRA , CIT (DR)(ITAT), BENGALURU DATE OF HEARING : 2 6 .0 8 .2020 DATE OF PRONOUNCEMENT : 28 .0 8 .2020 O R D E R PER A. K. GARODIA, ACCOUNTANT MEMBER: THIS APPEAL IS FILED BY THE ASSESSEE AND THE SAME IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-4, BENGALURU, DATED 26.04.2017, FOR ASSESSMENT YEAR 2012-13. 2. IN THIS APPEAL, THE ASSESSEE HAS RAISED VARIOUS GROUNDS BUT THE ONLY ISSUE RAISED BY THE ASSESSEE IS REGARDING LEVY OF PENALTY OF RS.5,80,568/- UNDER SECTION 271AAA OF THE INCOME TAX ACT, 1961 (HEREAFTER CALLED THE ACT). 3. IN THE COURSE OF HEARING, IT IS SEEN THAT ON 25.08.2020, THE ASSESSEE HAS FILED A LETTER IN WHICH IT IS STATED THAT THE ASSESSEE HAS OPTED TO FILE AN APPLICATION UNDER VIVAD SE VISHWAS ACT, 2020 AND THE NECESSARY FORM NOS. 1 AND 2 UNDER THE SAID ACT WERE FILED ON 20.05.2020. IT IS ALSO STATED IN THE ITA NO. 886/BANG/2019 PAGE 2 OF 2 SAID APPLICATION THAT UNDER SECTION 5(1) OF THE SAID ACT, THE PENDING APPEAL IS DEEMED TO HAVE BEEN WITHDRAWN ON THE ISSUE OF FORM 3 BY THE DESIGNATED AUTHORITY AND THE ASSESSEE HAS RECEIVED FORM 3 DATED 11.08.2020 AND AFTER RECEIPT OF FORM 3, THE ASSESSEE HAS FILED A LETTER BEFORE THE TRIBUNAL ON 13.08.2020 IN WHICH IT IS STATED BY THE ASSESSEE THAT THE ASSESSEE INTENDS TO WITHDRAW THE APPLICATION FILED BY THE ASSESSEE. IT IS STATED BY THE ASSESSEE IN THE PRESENT APPLICATION THAT THE PRESENT APPEAL MAY BE DISMISSED AS WITHDRAWN. LEARNED DR OF THE REVENUE HAD NO OBJECTION FOR WITHDRAWAL OF THE APPEAL. 3. THE ASSESSEE IS PERMITTED TO WITHDRAW THE APPEAL AND THE SAME IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- SD/- (N. V. VASUDEVAN) (A.K. GARODIA) VICE PRESIDENT ACCOUNTANT MEMBER BANGALORE, DATED: 28 TH AUGUST, 2020. /NS/* COPY TO: 1. APPELLANTS 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.