SHRI. VENKATARAYAPPA SRINIVASA MURTHY,BANGALORE vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX, BANGALORE
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeal as the dispute was settled under the Vivad Se Vishwas Act. The appeal was dismissed as withdrawn.
What were the facts?
The assessee filed an appeal against an order for assessment year 2016-17. The assessee subsequently opted to settle the dispute under the Direct Taxes Vivad Se Vishwas Act, 2020, having filed the necessary forms.
What were the issues?
Whether the appeal should be dismissed as withdrawn due to settlement under the Vivad Se Vishwas Act.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, ‘C’ BENCH : BANGALORE
Before: SHRI. B.R BASKARAN & SMT. BEENA PILLAI
Date of Hearing : 25-03-2021 Date of Pronouncement : 25-03-2021 ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeal by the assessee has been filed by assessee against order dated 14/02/2020 passed by CIT-11, Benagaluru for assessment year 2016-17.
The assessee has filed a letter stating that the assessee has opted to settle the dispute in its appeal under Direct Taxes Vivad Se Vishwas Act, 2020. It is further stated that the assessee has filed Form No.1 & 2 and also received Form No. 3 for the appeal filed by the assessee and it has also received Form No.3.
Accordingly it is submitted that appeal of the assessee may be dismissed as withdrawn.
We heard Ld D.R, who did not object to the prayer of the assessee. We note that the present appeal has been filed by assessee with a delay of 135 days. The assessee has opted for VSV Scheme and has filed Form 1 & 2 against which Form 3 has been received. We, therefore, condone the delay without issues contested in the appeal of the assessee have been settled under the Direct Taxes Vivad Se Vishwas Act, 2010, we dismiss the appeal of the assessee as withdrawn.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.
In the result, the appeal of the assessee is dismissed.
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