What did the Tribunal hold?

The Tribunal noted that the issues contested in the appeal have been settled under the Vivad se Vishwas Act. Therefore, the appeal was dismissed as withdrawn.

The assessee filed an appeal before the ITAT against the order of the CIT(A). Subsequently, the assessee decided to avail the benefit of the Direct Tax Vivad se Vishwas Act, 2020 to settle the pending litigation.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to settlement under the Vivad se Vishwas Act.

M/S. Fashionara Enterprises… vs DCIT | s.250 | ITAT Bangalore 2022

Income Tax Appellate Tribunal, ‘C’ BENCH : BANGALORE

Before: SHRI. B.R. BASKARAN & SMT. BEENA PILLAI

For Appellant: Shri Narahari Navakanth, CA, Shri Pradeep Kumar, CIT

ORDER

PER BEENA PILLAI, JUDICIAL MEMBER Present appeal by the assessee has been filed by assessee against the order dated 28/11/2019 passed by Ld.CIT(A)-3, Bangalore for assessment year 2015-16.

The Ld.AR submitted vide letter dated 23.12.2021 as under: “We wish to bring to your kind notice that against the order U/s 250 of the Income tax Act. 1961 by the CIT(Appeals),Bengaluru for the Assessment years 2015-16 we had filed an appeal before your Honcur on 07-02-2020 and the appellant M/s. FASHIONARA ENTERPRISES PRIVATE LIMITED having decided to avail the benefit of the Direct Tax Vivad se Vishwas Act. 2020 and in order to settle the pending income tax litigations under the provisions of Income Tax Act. 1961 Declarations in Form - Page 2 of 1 & Undertakings in Form - 2 as required U/s. 4(5) of the Direct Tax Vivad Se Vishwas Act, 2020 has been filed by the appellant and currently awaiting for receipt of Form - 5 from the office of Principal Commissioner of Income Taxes, Bangalore. Attached herewith the form - 1, 2 & 3 (Annexure- 2) so filed/received by us for the same for your ready references.”

We heard Ld D.R, who did not object to the prayer of the assessee. Since the issues contested in the appeal of the assessee have been settled under the Direct Taxes Vivad Se Vishwas Act, 2020, we dismiss the appeal of the assessee as withdrawn. However, we give liberty to the assessee to seek recall of this order in accordance with law, if the circumstances so warrant.

In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 03rd January, 2022.

M/S. FASHIONARA ENTERPRISES PRIVATE LIMITED (UNDER LIQUIDATION THROUGH OFFICIAL LIQUIDATOR SRI. PRABHJIT SINGH SONI),NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 3(1)(1), BANGALORE

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