M/S MOLEX INDIA PVT LTD,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(2), BANGALORE

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ITA 2148/BANG/2017Status: DisposedITAT Bangalore20 April 2021AY 2013-142 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee had opted for settlement under the Vivad Se Vishwas Act. Therefore, keeping the appeal pending would serve no purpose.

What were the facts?

The assessee filed an appeal against the order of the Assessing Officer for AY 2013-14. The assessee subsequently opted to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

The primary issue was whether the appeal should be dismissed as withdrawn due to the assessee opting for settlement under the Vivad Se Vishwas Act.

AI-generated summary — verify with the full judgment below

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

Before: SHRI N.V. VASUDEVAN & SHRI B.R. BASKARAN

For Appellant: Shri Chaval S. Narayan, A.R
For Respondent: Shri Priyadarshi Mishra, D.R
Hearing: 20.04.2021Pronounced: 20.04.2021

PER B.R. BASKARAN, ACCOUNTANT MEMBER:

1.

The assessee has filed this appeal challenging the order dated 23.08.2017 passed by the Assessing Officer for the assessment year 2013-14 in pursuance of directions given by Ld. Dispute Resolution Panel.

2.

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. Accordingly the Ld A.R

IT(TP)A No.2148/Bang/2017 Molex (India) Pvt. Ltd., Bangalore

Page 2 of 2 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.

3.

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

4.

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 Accordingly we dismiss the appeal of the assessee as withdrawn.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.

5.

In the result, the appeal of the assessee is dismissed as withdrawn.

Order pronounced in the open court on 20th Apr, 2021.

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