M/s Alstom Transport India Limited , Bangalore V. Deputy Commissioner of Income Tax Circle-1(1)(2), Bangalore

ITA 906/BANG/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9087 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 8 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 29-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R PREMI J C IT BENGALURU
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT AND SHRI B. R. BASKARAN, ACCOUNTANT MEMBER ITA NO. 906 /BANG/20 1 9 ASSESSMENT YEAR : 2012-13 M/S. ALSTOM TRANSPORT INDIA PVT. LTD., 65/2, LEVEL 3, 2 ND FLOOR, C BLOCK, BAGMANE LAUREL BUILDING, BAGMANE TECH PARK, CV RAMAN NAGAR, BANGALORE 560 093. PAN : A A JC A 1 1 6 7 G VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1)(2), BANGALORE. APPELLANT RESPONDENT ASSESSEE BY : SMT. MANASA ANANTHAN, ADVOCATE REVENUE BY : SMT. R. PREMI, JCIT (DR)(ITAT), BENGALURU DATE OF HEARING : 7 .1.2021 DATE OF PRONOUNCEMENT : 7 .1.2021 O R D E R PER N. V. VASUDEVAN, VICE PRESIDENT THIS APPEAL FILED IS BY THE ASSESSEE AGAINST THE ORDER DATED 30.1.2019 OF CIT(A)-1, BANGALORE, IN RELATION TO ASSESSMENT YEAR 2012-13. 2. THE LEARNED AR OF THE ASSESSEE ORALLY SUBMITTED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE IN THIS APPEAL UNDER THE DIRECT TAX VIVAD SE VISHWAS SCHEME, 2020 AND HAS REQUESTED FOR ADJOURNMENT OF THE APPEAL. 3. IN THE COURSE OF HEARING, IT WAS THE PROPOSITION PUT FORWARD BY THE BENCH THAT UNDER THESE FACTS, THE APPEAL OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN AND LIBERTY MAY BE GRANTED TO THE ASSESSEE TO APPROACH THIS TRIBUNAL FOR RECALL OF THIS ORDER UNDER SECTION 254(2) OF THE ACT IN CASE THE ITA NO. 906/BANG/2019 PAGE 2 OF 2 ASSESSEE FINALLY OPTS OUT OF VIVAD SE VISHWAS SCHEME, 2020. IN REPLY, IT WAS SUBMITTED BY LEARNED AR OF THE ASSESSEE THAT IF THE LIBERTY IS GRANTED TO THE ASSESSEE, THEN WE HAVE NO OBJECTION ABOUT DISMISSAL OF THE APPEAL AS WITHDRAWN. 4. THE APPEAL IS ACCORDINGLY DISMISSED AS WITHDRAWN. THE ASSESSEE IS HOWEVER AT LIBERTY TO SEEK RECALL OF THIS ORDER IN CASE THE ASSESSEE IS NOT ABLE TO SETTLE THE DISPUTE UNDER THE SCHEME. 5. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- SD/- SD/- SD/- BANGALORE, DATED: 7.1.2021. /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. ( B. R. BASKARAN ) ( N. V. VASUDEVAN) ACCOUNTANT MEMBER VICE PRESIDENT