MR. MUNIRAJU,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 3(2)(1), BANGALORE

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ITA 21/BANG/2020Status: DisposedITAT Bangalore09 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The Tribunal dismissed the appeal as withdrawn, granting the assessee liberty to seek recall of the order if the Vivad Se Vishwas settlement was not finalized.

What were the facts?

The assessee filed an appeal before the ITAT for Assessment Year 2013-14. During the hearing, the assessee indicated an intention to settle the dispute under the Vivad Se Vishwas Scheme, 2020.

What were the issues?

The primary issue was the procedure to be followed when an assessee intends to settle a pending appeal under a tax dispute resolution scheme.

Which sections of the Income-tax Act were involved?

Section 254(2)

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. S. Ramasubramanyam, CA
For Respondent: Smt. R. Premi, JCIT (DR)(ITAT), Bengaluru
Hearing: 09.03.2021Pronounced: 09.03.2021

O R D E R

Per N. V. Vasudevan, Vice President This is an appeal by the assessee against the order dated 08.11.2019 of CIT(A)-3, Bengaluru, relating to Assessment Year 2013-14.

2.

The Learned AR of the assessee submitted that the assessee has opted to settle the dispute in this appeal under the direct tax Vivad Se Vishwas Scheme, 2020.

3.

In the course of hearing, it was the proposition put forward by the Bench that under these facts, the appeal of the assessee may be dismissed as withdrawn and liberty may be granted to the assessee to approach this Tribunal for recall of this order under section 254(2) of the Act in case the assessee finally opts out of Vivad Se Vishwas Scheme, 2020. In reply, it was submitted by learned AR of the assessee that if the liberty is granted to the assessee, then we have no objection about dismissal of the appeal as withdrawn.

4.

The appeal is accordingly dismissed as withdrawn. The assessee is however at liberty to seek recall of this order in case the assessee is not able to settle the dispute under the Scheme.

5.

In the result, assessee’s appeal is dismissed.

Pronounced in the open court on the date mentioned on the caption page.

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