What did the Tribunal hold?

The Tribunal acknowledged the assessee's decision to settle the dispute under the Vivad Se Vishwas Act. As a result, the appeal was dismissed as withdrawn.

The assessee opted to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020. They have filed the necessary forms and are awaiting final confirmation.

What were the issues?

Whether the appeal should be kept pending when the assessee has opted for settlement under the Vivad Se Vishwas Act.

M/S. Shimoga District… vs DCIT | ITAT Bangalore 2021

Income Tax Appellate Tribunal, “B’’ BENCH: BANGALORE

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

For Appellant: Shri Bharath L., A.R

For Respondent: Shri Priyadarshi Mishra, D.R

Hearing: 30.08.2021Pronounced: 03.09.2021

PER BEENA PILLAI, JUDICIAL MEMBER:

The assessee has filed this appeal challenging the order dated 07.02.2020 passed by Ld CIT(A), Davangere and it relates to the assessment year 2007-08.

The Ld Counsel for the assessee has furnished a letter stating that the assessee has opted to settle the dispute under Direct Tax Vivad Se Vishwas Act for settlement of the dispute by filing Form No.1 & 2 and has also received Form No.3. The Ld A.R submitted

M/s. Shimoga District Co-operative Central Bank Ltd., Shimoga

Page 2 of 3 that the assessee is awaiting Form No.5. Accordingly the Ld A.R submitted that the assessee wishes to withdraw the appeal. The Ld A.R submitted that the assessee may be given liberty to seek recall of the order, if something goes wrong.

The Ld D.R did not object to the prayer made by the assessee.

We heard the parties and perused the record. Since the assessee has opted to settle the dispute under Direct Tax Vivad Se Vishwas Act, 2020, we are of the view that no purpose will be served in keeping this appeal pending. Accordingly we dismiss the appeal of the assessee as withdrawn. However, the assessee is given liberty to move appropriate application for recall of the present order in accordance with the law, if the assessee intends to do so.

In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 3rd Sept, 2021 Sd/- Sd/- (B.R. Baskaran) (Beena Pillai) Accountant Member Judicial Member Bangalore, Dated 3rd Sept, 2021. VG/SPS

M/s. Shimoga District Co-operative Central Bank Ltd., Shimoga

M/S. SHIMOGA DISTRICT CO-OPERATIVE CENTRAL BANK LIMITED,SHIMOGA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, SHIMOGA

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

Recent GST High Court judgments