SHRI H NARASIMHA,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-6(3)(1), BANGALORE `

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ITA 373/BANG/2019Status: DisposedITAT Bangalore31 March 2021AY 2012-132 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 challenging an order from the CIT(A). The assessee subsequently opted to settle the dispute under the Direct Taxes Vivad Se Vishwas Act, 2020.

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Whether the appeal should be dismissed as withdrawn due to the assessee opting for settlement under the Vivad Se Vishwas Act.

Which sections of the Income-tax Act were involved?

Direct Taxes Vivad Se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

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

Before: SHRI GEORGE GEORGE K. & SHRI B.R. BASKARAN

For Appellant: Shri B.S.N. Prasad, A.R
For Respondent: Shri Kannan Narayanan, D.R
Hearing: 31.03.2021Pronounced: 31.03.2021

PER B.R. BASKARAN, ACCOUNTANT MEMBER:

1.

The assessee has filed this appeal challenging the order dated 14.01.2019 passed by Ld CIT(A)-6, Bengaluru and it relates to the assessment year 2012-13.

2.

The Ld Counsel appearing for the assessee, Shri B.S.N.Prasad, Advocate submitted that the assessee has opted to settle the dispute in its appeal under Direct Taxes Vivad Se Vishwas Act, 2020 by filing Form No.1 & 2. Accordingly he submitted that the bench may pass suitable orders.

Shri H. Narasimha, Bengaluru Page 2 of 2 3. The Ld D.R, however, submitted that the Bangalore bench of Tribunal is dismissing the appeal in such kind of cases giving liberty to the assessee to seek recall, if something goes wrong with the application filed by the assessee under VSVS.

4.

We heard the parties. Since the Ld A.R has stated that the assessee has opted to settle the issues contested in this appeal under the Direct Taxes Vivad Se Vishwas Act, 2020, no purpose will be served in keeping this appeal pending. Accordingly, we dismiss the appeal of the assessee as withdrawn. However, we give liberty to the assessee to seek recall of this order in accordance with law, if the circumstances so warrant.

5.

In the result appeal the assessee is dismissed. Order pronounced in the open court on 31st Mar, 2021

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