M/s. Tristar Hotels Private Limited, Bangalore V. Deputy Commissioner of Income Tax, Circle - 7(1)(1), Bangalore

ITA 945/BANG/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9090 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 8 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 07-01-2021
• Assessment Year: 2009-2010
• Appeal Filed On: 03-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S V RAVISHANKAR MS NEERA MA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES A BENCH: BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI GEORGE GEORGE K , JUDICIAL MEMBER ITA NO. 945 /BANG/201 9 (ASSESSMENT YEAR: 20 0 9 - 10 ) M/S. TRISTAR HOTELS PVT. LTD., 1216, DOOPANAHALLI, 100 FEET ROAD, HAL 2 ND STAGE, INDIRANAGAR, BANGALORE - 560 008 .APPELLANT . PAN AABCT3978L VS. DY. COMMISSIONER OF INCOME TAX, CIRCLE 7(1)(1), BANGALORE. RESPONDENT. ITA NO. 956 /BANG/201 9 (ASSESSMENT YEAR: 20 0 9 - 10 ) (BY REVENUE) ASSESSEE BY: SHRI S.V. RAVISHANKAR, ADVOCATE. REVENUE BY: MS. NEERA MALHOTRA, CIT (D.R) DATE OF HEARING : 07.01 .20 2 1 . DATE OF PRONOUNCEMENT : 07.01 .202 1 . O R D E R PER SHRI CHANDRA POOJARI, A M : THE SE CROSS ARE APPEALS AT THE INSTANCE OF THE ASSESSEE AND REVENUE ARE DIRECTED AGAINST THE ORDER OF C OMMISSIONER OF INCOME TAX (APPEALS) - 7 , BANGALORE DT.27.02.2019 . SINCE COMMON ISSUE IS INVOLVED IN THESE APPEALS, THEY ARE HEARD 2 ITA NO S . 945 & 956/BANG/2019 TOGETHER AND CONSOLIDATED ORDER IS PASSED FOR THE SAKE OF CONVENIENCE. THE RELEVANT ASSESSMENT YEAR IS 20 09 - 10 . 2. AT THE TIME OF HEARING, THE LEARNED AUTHORISED REPRESE NTATIVE SUBMITTED THAT THE ASSESSEE HAS OPTED TO FILE AN APPLICATION UNDER THE VIVAD SE VISHWAS ACT, 2020. ACCORDINGLY, LD. AR SUBMITTED THAT THE APPEAL MAY BE DISMISSED WITH THE LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN A CCORDANCE WITH LAW, IF THE ASSESSES INTENDED TO DO SO. 3. ON THE OTHER HAND, THE LEARNED DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE ASSESSEE HAS TO WITHDRAW THE PENDING APPEAL AFTER FILING THE FORM VSV1 AS PER VIVAD SE VISHWAS ACT, 2020. THEREA FTER THE ASSESSEE 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. LD. DR SUBMITTED THAT THE FORM NO.3 SHALL BE ISSUED TO THE ASSESSES IN DUE COURSE AND ACCORDINGLY HE SU BMITTED THAT THE APPEALS OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN, AS THE ASSESSE E , IN ANY WAY, IS REQUIRED TO WITHDRAW THE APPEAL. THE LD. DR HAS NO OBJECTION TO WITHDRAW THE APPEAL BEFORE THE TRIBUNAL SINCE THE ASSESSEE OPTED TO WITHDRAW ASSESSEE' S APPEAL AS PER VIVAD SE VISHWAS ACT, 2020. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS ACT, 2020, THE ASSESSEE IS INTERESTED IN 3 ITA NO S . 945 & 956/BANG/2019 NOT PROSECUTING THESE APPEALS FILED BEFORE THE TRIBUNAL. THE LD. DR HAS NO OBJECTION IN WITHDRAWING REVENUES APPEAL IN VIEW OF ASSESSEE'S SUBMISSION TO WITHDRAW THE ASSESSEE'S APPEAL. SINCE THE ASSESSEE IS INTENDED TO FILE THE NECESSARY APPLICATIONS BEFORE THE TAX AUTHORITIES UNDER THE ABOVE SA ID SCHEME, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THE APPEALS PENDING. ACCORDINGLY, WE DIS MISS THE APPEALS OF THE ASSESSEE AND REVENUE AS WITHDRAWN. FURTHER THE ASSESSEE AND REVENUE ARE AT LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN ACCORDAN CE WITH THE LAW, IF THE ASSESSEE AND REVENUE INTENDS TO DO SO. 5. IN THE RESULT, BOTH THE APPEAL S OF THE ASSESS E E AND REVENUE ARE DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONE D ON THE CAPTION PAGE. SD/ - SD/ - ( GEORGE GEORGE K ) ( CHANDRA POOJARI ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 07.01.2021 . *REDDY GP 4 ITA NO S . 945 & 956/BANG/2019 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