M/S. NANDI CONSTRUCTIONS,SHIVAMOGGA vs. INCOME TAX OFFICER, WARD-1, SHIVAMOGGA

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ITA 3/BANG/2021Status: DisposedITAT Bangalore18 March 2021AY 2004-052 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 held that no purpose would be served in keeping the appeal pending as the assessee intended to settle the dispute under the Vivad Se Vishwas Act. Consequently, the appeal was dismissed.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order for the assessment year 2004-2005. At the time of hearing, the assessee expressed their intention to settle the issue under the Direct Taxes Vivad Se Vishwas Act, 2020.

What were the issues?

The primary issue was whether the appeal should be continued when the assessee intended to settle the matter under a specific tax settlement scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BANGALORE BENCHES “SMC-C”, BANGALORE

Before: Shri George George K

Hearing: 18.03.2021

O R D E R This appeal at the instance of the assessee is directed against CIT(A)’s order dated 30.01.2020. The relevant assessment year is 2004-2005.

2.

At the time of hearing before me, the learned Counsel for the assessee submitted that the assessee is opting to settle the issue under Direct Taxes Vivad Se Vishwas Act, 2020. Thus, I am of the view that no purpose would be served in keeping the appeal pending, since the present appeal has to be withdrawn by the assessee, once the dispute is settled under the above said Act.

3.

Accordingly, I dismiss the appeal of the assessee. However, liberty is given to the assessee to seek recall of this order, if it so warrants.

4.

In the result, the appeal filed by the assessee is dismissed.

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