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

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.

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.

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.

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 Accordingly, we dismiss the appeal of the assessee as withdrawn.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.

In the result appeal the assessee is dismissed. Order pronounced in the open court on 9th Mar, 2021.