BHARAT G MEHTA (HUF),BANGALORE vs. THE INCOME TAX OFFICER WARD-5(2)(3), BANGALORE

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ITA 3219/BANG/2018Status: DisposedITAT Bangalore20 April 2021AY 2014-152 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 settled the dispute under the Vivad Se Vishwas Act. Therefore, it was deemed unnecessary to keep the appeal pending.

What were the facts?

The assessee filed an appeal against the Assessing Officer's order. The assessee later opted to settle the dispute under the Direct Tax Vivad Se Vishwas Act and wished to withdraw the appeal.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for settlement under the Vivad Se Vishwas Act.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 Shiva Prasad Reddy, 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 01.09.2017 passed by the Assessing Officer for the assessment year 2014-15 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

Bharat G. Mehta (HUF), Bengaluru

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 Accordingly we dismiss the appeal of the assessee as withdrawn.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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