M/S. METHA HEMANTHKUMAR ABHAYKUMAR (HUF),KOPPAL vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 1, BELLARY

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ITA 1301/BANG/2019Status: DisposedITAT Bangalore09 March 2021AY 2016-172 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, no purpose would be served in keeping the appeal pending.

What were the facts?

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Whether the appeal should be dismissed as withdrawn due to the assessee opting for settlement under the Vivad Se Vishwas Act.

AI-generated summary — verify with the full judgment below

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

Before: SHRI N.V. VASUDEVAN & SHRI B.R. BASKARAN

For Appellant: Shri Pranav Krishna, A.R
For Respondent: Smt. R. Premi, D.R
Hearing: 09.03.2021Pronounced: 09.03.2021

PER B.R. BASKARAN, ACCOUNTANT MEMBER:

1.

The assessee has filed this appeal challenging the order dated 29.03.2019 passed by Ld CIT(A), Gulbarga and it relates to the assessment year 2016-17.

2.

The Ld Counsel appearing for the assessee has filed a letter stating therein 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 it was prayed that the appeal may be adjourned.

3.

The Ld D.R, however, submitted that the Bangalore bench of Tribunal is dismissing the appeal in such kind of cases giving liberty M/s. Mehta Hemanth Kumar, Abhaykumar (HUF) Koppal Page 2 of 2 to the assessee to seek recall, if something goes wrong with the application filed by the assessee.

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, 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 Accordingly, we dismiss the appeal of the assessee as withdrawn.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 9th Mar, 2021.

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