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Income Tax Appellate Tribunal, BANGALORE BENCH ‘C’
Before: SHRI N.V.VASUDEVAN & SHRI B.R.BASKARAN
O R D E R PER BENCH:- The assessee has filed these appeals challenging the orders passed by Ld CIT(A)-2, Bengaluru and they relate to the assessment years 2011- 12 to 2014-15. The assessee is aggrieved by the decision of Ld CIT(A) in partially confirming the additions made by the AO in the above said years. The additions challenged before the Tribunal are: (a) Additions made u/s 40(a)(ia) of the Act for non-deduction of tax at source from various payments in AY 2011-12 to 2014-15; 2 -184(B)/2020 (b) Disallowance of amortization of debenture redemption premium in all the four years; (c) Disallowance of loss arising from settlement of derivative contract in AY 2011-12.
The assessee has furnished a letter dated NIL and in that letter, inter alia, it is stated as under:- “2. We have filed the declaration in Form 1 and undertaking in Form 2 as per section 4(5) of The Direct Tax Vivad Se Vishwas Act, 2020 in respect to above appeals on 29.4.2020 3. Vide letter dated 9.5.2020, emailed on the same day to Bangalore.bench@itat.nic.in, we have submitted the aforesaid forms and have requested that the hearing of appeals be kindly kept in abeyance until completion of proceedings under the above Act.
The Pr. CIT is yet to accept our findings under the Vivad se Vishwas Act, 2020 and we are yet to receive the certificate in Form 3 from the said Authority for the above years.
Under these circumstances, we once again request your honour to kindly adjourn the hearing of the above appals.
Alternatively and without prejudice, if the Hon’ble Bench decides to dismiss the appeals, liberty may be granted to file necessary petition/application for reinstatement of appeals in the event of rejection of our filing under the Vivad se Vishwas Act, 2020 by the Pr. CIT.....” Accordingly the assessee has prayed for adjournment of these appeals.