Sri Sanjay Mehrotra, Bangalore V. Joint Commissioner of Income Tax, Range - 2(3), Bangalore

ITA 962/BANG/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0640 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 7 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 06-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R PREMI
• Assessee Lawyers: N O N E
• Section: 22

Judgement Text

ITA NO.962/BANG/2019 SRI SANJAY MEHROTRA, BANGALORE IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER ITA NO.962/BANG/2019 ASSESSMENT YEAR: 2012-13 SRI SANJAY MEHROTRA VILLA 15 BELLEZEA NARAYANGHATTA MUTHANAULLUR BANGALORE-560 099 PAN NO : ADIPM4178N VS. JCIT RANGE-2(3) BENGALURU APPELLANT RESPONDENT APPELLANT BY : N O N E RESPONDENT BY : SMT. R. PREMI, D.R. DATE OF HEARING : 22.12.2020 DATE OF PRONOUNCEMENT : 22.12.2020 O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 22-03-2019 PASSED BY LD CIT(A)-4, BENGALURU AND IT RELATES TO THE ASSESSMENT YEAR 2012-13. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. H OWEVER, THE ASSESSEE HAS FURNISHED A LETTER STATING THAT THE ASSESSEE HA S OPTED TO SETTLE THE DISPUTE UNDER DIRECT TAX VIVAD SE VISHWAS ACT F OR SETTLEMENT OF THE DISPUTE BY FILING FORM NO.1 & 2 AND AWAITING FO R FORM NO.3. ACCORDINGLY THE LD A.R HAS SOUGHT ADJOURNMENT OF TH E CASE. ITA NO.962/BANG/2019 SRI SANJAY MEHROTRA, BANGALORE PAGE 2 OF 3 3. THE LD D.R, HOWEVER, SUBMITTED THAT THE ASSES SEE HAS TO WITHDRAW THE PENDING APPEAL AFTER FILING FORM VSV1 AS PER DIRECT TAX VIVAD SE VISHWAS ACT, 2020. THEREAFTER, THE ASSESS EE 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. ACCORDINGLY SHE SUBMITTED THAT THE APPEAL OF THE ASSESSEE MAY BE DI SMISSED AS WITHDRAWN, AS THE ASSESSEE, IN ANY WAY, IS REQUIRED TO WITHDRAW THE APPEAL. SHE SUBMITTED THAT THE BANGALORE BENCH OF TRIBUNAL IS GIVING LIBERTY TO THE ASSESSEE TO SEEK RECALL OF THE ORDER , IF SO WARRANTED. 4. WE HEARD THE PARTIES AND PERUSED THE RECORD. SINCE THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE UNDER DIRECT TAX VI VAD SE VISHWAS ACT, 2020, THE APPELLANT WOULD BE MOVING APPLICATIO N FOR WITHDRAWING THE PRESENT APPEAL FILED BEFORE THE TRIBUNAL IN DUE COURSE. ACCORDINGLY, WE ARE OF THE VIEW THAT NO PURPOSE WIL L BE SERVED IN KEEPING THIS APPEAL PENDING. ACCORDINGLY WE DISMIS S THE APPEAL OF THE ASSESSEE AS WITHDRAWN. HOWEVER, THE ASSESSEE IS GIVEN LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRES ENT ORDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSEE INTENDS TO DO SO. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE I S DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND DEC, 2020. SD/- (N.V. VASUDEVAN ) VICE PRESIDENT SD/- (CHANDRA POOJARI) ACCOUNTANT MEMBER BANGALORE, DATED 22 ND DEC, 2020. VG/SPS ITA NO.962/BANG/2019 SRI SANJAY MEHROTRA, BANGALORE PAGE 3 OF 3 COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASST. REGISTRAR, ITAT, BANGALORE.