M/S. NAGSON & CO.,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 6(2)(1), BENGALURU

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ITA 2335/BANG/2019Status: DisposedITAT Bangalore07 April 2021AY 2011-123 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee is required to withdraw pending appeals after opting for the Vivad Se Vishwas scheme. Therefore, the appeals were dismissed as withdrawn.

What were the facts?

The assessee opted to settle disputes under the Direct Tax Vivad Se Vishwas Act and filed the necessary forms. The assessee sought an adjournment to await further processing of the settlement.

What were the issues?

Whether pending appeals should be dismissed as withdrawn when the assessee opts for settlement under the Vivad Se Vishwas Act.

Which sections of the Income-tax Act were involved?

Direct Tax Vivad Se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

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

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

For Appellant: Shri S.V. Ravi Shankar, A.R
For Respondent: Shri Muzaffar Hussain, D.R
Hearing: 07.04.2021Pronounced: 07.04.2021

PER B.R. BASKARAN, ACCOUNTANT MEMBER:

1.

The assessee has filed these two appeals challenging the order dated 30.08.2019 passed by Ld CIT(A)-6, Bengaluru and it relates to the assessment years 2011-12 & 2012-13.

2.

The Ld Counsel for the assessee Shri Ravi Shankar, Advocate has furnished a letter stating that the assessee has opted to settle the disputes under Direct Tax Vivad Se Vishwas Act for settlement of the dispute by filing Form No.1 & 2 and awaiting for Form No.3. Accordingly the Ld A.R has sought adjournment of the cases. & 2336/Bang/2019 M/s. Nagson & Co., Bengaluru Page 2 of 3 3. The Ld D.R, however, submitted that the assessee has to withdraw the pending appeals after filing Form VSV1 as per Direct Tax Vivad Se Vishwas Act, 2020. Thereafter, the assessee is required to furnish a copy of the same along with the proof of payment of tax as determined by the tax official to the department. Accordingly he submitted that the appeals of the assessee may be dismissed as withdrawn, as the assessee, in any way, is required to withdraw the appeals. He submitted that the Bangalore bench of Tribunal is giving liberty to the assessee to seek recall of the order, if so warranted.

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