M/S VRKP STEEL INDUSTRIES PRIVATE LIMITED,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE
What did the Tribunal hold?
The Tribunal noted that the assessee had opted for settlement under the Vivad Se Vishwas Act. Consequently, the Tribunal found no purpose in keeping the appeal pending and dismissed it as withdrawn.
What were the facts?
The assessee filed an appeal before the ITAT. The assessee subsequently opted to settle the dispute under the Direct Tax Vivad Se Vishwas Act. The assessee then requested to withdraw the appeal.
What were the issues?
Whether the appeal should be dismissed as withdrawn when the assessee has opted for settlement under the Vivad Se Vishwas Act.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
PER B.R. BASKARAN, ACCOUNTANT MEMBER:
The assessee has filed this appeal challenging the order dated 12.03.2019 passed by Ld CIT(A)-7, Bengaluru and it relates to the assessment year 2009-10.
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. Accordingly it is stated that the assessee wishes to withdraw the appeal.
M/s. VRKP Steel Industries Pvt. Ltd., Bengaluru
Page 2 of 2 3. 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 Accordingly we dismiss the appeal of the assessee as withdrawn.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In the result, the appeal of the assessee is dismissed as withdrawn.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 Apr, 2021.
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