M/s VBHDC Bangalore Value Homes Pvt ltd , Bangalore V. Deputy Commissioner of Income TAx Circle-12(5), Bangalore

MA 12/BANG/2021

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2561 (ITAT-BANGALORE)
• Duration Of Justice: 7 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-06-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 18-11-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R PREMI J
• Assessee Lawyers: C SANDEEP
• Section: 13; 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI. B.R BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER MP NO.12 TO 16/BANG/2021 (IN ITA NO.1368, 1370, 1276, 1387, 1388/B/2018) ASSESSMENT YEAR : 2011-12 TO 2014-15 M/S VBHDC BANGALORE VALUE HOMES PVT LTD., 74,75,VBHC HOUSE, BENGALURU-560 052. PAN AADCV1386Q AACCV7868G VS. DY. COMMISSIONER OF INCOME-TAX, CIRCLE-6(1)(2), BENGALURU. ADDL. COMMISSIONER OF INCOME-TAX, RANGAE-12, BANGALORE. APPELLANT RESPONDENT ASSESSEE BY : SHRI C . SANDEEP , CA REVENUE BY : S MT R.PREMI , JCIT(DR) DATE OF HEARING : 29 - 0 1 - 2021 DATE OF PRONOUNCEMENT : 22 - 0 6 - 2021 ORDER PER BEENA PILLAI, JUDICIAL MEMBER PRESENT MISCELLANEOUS PETITIONS HAS BEEN FILED BY ASSESSEE AGAINST CONSOLIDATED ORDER DATED 21/08/2020 PASSED BY THIS TRIBUNAL. AT THE OUTSET THE LD.AR SUBMITTED AS UNDE R: PAGE 2 OF 5 MP NOS.12 TO 16/BANG/2021 2. DURING THE HEARING OF ORIGINAL APPEAL, IT WAS ME NTIONED THAT THE ASSESSEE IS IN PROCESS OF FILING THE APPLICATI ONS UNDER VIVAD SE VISHWAS SCHEME, 2020. HOWEVER, DUE TO THE COVID 19 PANDEMIC, THE PROCESS OF FILING THE APPLICATIONS WERE NOT COM PLETED AND THEREFORE, REQUESTED FOR AN ADJOURNMENT. IT WAS ALS O MENTIONED DURING THE HEARING OF APPEAL THAT THE APPLICATION U NDER VSV WILL NOT BE FILED FOR SOME APPEALS SINCE THERE WAS NO FINAL DECISION BY THE MANAGEMENT. 3. THE LD.AR SUBMITTED THAT HON'BLE BENCH MENTIONE D THAT, SINCE ASSESSEE IS OPTED TO FILE APPLICATION UNDER V IVAD SE VISHWAS SCHEME, THE APPEALS WILL BE DISMISSED AS WITHDRAWN . IT WAS ALSO MENTIONED THAT IF THE APPELLANT CHOSE NOT TO GO FOR THE SCHEME, THE APPELLANT HAS THE LIBERTY TO FILE THE MISCELLANEOUS APPLICATION REQUESTING TO RESTORE THE APPEAL FOR HEARING. 4. IT IS SUBMITTED THAT THIS TRIBUNAL PASSED THE IMPUGNED ORDER BY GIVING LIBERTY TO ASSESSEE TO RECALL IF ASSESSEE CHOOSES NOT TO FILE APPLICATION UNDER VIVAD SE VISHWAS SCHEME, OR IN CA SE SUCH APPLICATION IS NOT ACCEPTED OR ANY OTHER EVENTUALIT Y LEADING TO NONFILING OR NON-ACCEPTANCE OF APPLICATION UNDER WE BARRED SAY WHICH WAS SCHEME. 5. THE LD.AR SUBMITTED THAT ASSESSEE HAS FILED VISH VA SCHEME IN FOLLOWING APPEALS: SN NAME OF THE APPELLANT AY ITA NO. 1. VBHDC BANGALORE VALUE HOMES 2013 - 1323/BANG/20 PAGE 3 OF 5 MP NOS.12 TO 16/BANG/2021 PVT. LTD. 14 18 2. VBHDC BANGALORE VALUE HOMES PVT. LTD 2014 - 15 1391/BANG/20 18 3. VBHC CHENNAI VALUE HOMES PVT. LTD. 2012 - 13 1371/BANG/20 18 4. VBHC MUMBAI VALUE HOMES PVT. LTD. 2012 - 13 1369/BANG/20 18 5. VBHC MUMBAI VALUE HOMES PVT. LTD. 2013 - 14 1390/BANG/20 18 6. VBHC DELHI VALUE HOMES PVT. LTD. 2013 - 14 1389/BANG/20 18 6. IT HAS BEEN ACCORDINGLY PRAYED THAT THE OTHER AP PEALS IN VIVAD SE VISHWAS SCHEME WAS NOT CHOSEN BY ASSESSEE MAY BE RECALLED TO BE DECIDED ON MERITS. 7. WE HAVE PERUSED SUBMISSIONS ADVANCED BY BOTH SID ES IN LIGHT OF RECORDS PLACED BEFORE US. 8. AS PER THE SUBMISSIONS MADE BY THE LD.AR, THE AP PEALS UNDER CONSIDERATION ON WHICH THESE MISCELLANEOUS PETITION IS FILED, ASSESSEE HAS CHOSEN NOT TO PROCEED WITH THE READ BA RRED SAY WHICH WAS SCHEME. 9. IN THE LIGHT OF THE LIBERTY GRANTED BY THIS TRIBUNAL VIDE ORDER DATED 21/08/2020, WHEREIN ASSESSEE IN RESPECT OF SU CH APPEALS CHOOSED NOT TO FILE APPLICATION UNDER VIVAD SE VISH WAS SCHEME, WE RECALL THE APPEALS TO BE DECIDED ON MERITS. PAGE 4 OF 5 MP NOS.12 TO 16/BANG/2021 REGISTRY IS DIRECTED TO FIX THESE APPEALS FOR HEARI NG ON A SUITABLE DATE WHICH SHALL BE INTIMATED TO BOTH THE SIDES. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY ASSESSEE STANDS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 22 ND JUNE 2021. SD/- SD/- (B.R BASKARAN) (BEENA PILLAI) ACCOUNTANT MEMBER JUDICIAL ME MBER BANGALORE, DATED, THE 22 ND JUNE, 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