M/S AO SMITH INDIA WATER PRODUCTS PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1(1)(1), BANGALORE

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ITA 2819/BANG/2017Status: DisposedITAT Bangalore15 March 2021AY 2013-142 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, there was no purpose in keeping the appeal pending.

What were the facts?

The assessee filed an appeal against the order of the AO for AY 2013-14. The assessee later 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Whether the appeal should be dismissed as withdrawn due to the assessee opting for settlement under the Vivad Se Vishwas Act.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?

Section 143(3),Section 144C

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: Smt. Rashmi, A.R
For Respondent: Shri Muzaffar Hussain, D.R
Hearing: 15.03.2021Pronounced: 15.03.2021

PER B.R. BASKARAN, ACCOUNTANT MEMBER:

1.

The assessee has filed this appeal challenging the order dated 30.10.2017 passed by the AO for the assessment year 2013-14 u/s 143(3) r.w.s. 144C of the Act in pursuance of directions given by Ld DRP.

2.

The assessee has sent an e-mail, wherein it is stated 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. It is further stated that the assessee has received Form No.3 also. Accordingly, it is stated that the assessee seeks to withdraw the M/s. AO Smith India Water Products Pvt. Ltd., Bengaluru Page 2 of 2 appeal. However, it is prayed that liberty may be granted to the assessee to seek recall of the order, if matters are not concluded under VSV Act.

3.

The Ld D.R did not object to the plea of the assessee.

4.

We heard the parties. Since the assessee has opted to settle the issues contested in this appeal under the Direct Taxes Vivad Se Vishwas Act, 2010, 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 Accordingly, we dismiss the appeal of the assessee as withdrawn.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 15th Mar, 2021

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