DCIT, BANGALORE vs. M/S AOL ONLINE INDIA PVT. LTD., BANGALORE

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ITA 408/BANG/2015Status: DisposedITAT Bangalore03 March 2021AY 2010-113 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeals as withdrawn, granting the assessee liberty to seek recall of the order if the settlement under the scheme fails.

What were the facts?

The Revenue and assessee filed cross-appeals against an assessment order. The assessee opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020.

What were the issues?

The primary issue was the procedure for handling appeals where the assessee opts for a settlement scheme like Vivad Se Vishwas.

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, “B” BENCH : BANGALORE

Before: SHRI N. V. VASUDEVAN & SHRI CHANDRA POOJARI

For Appellant: Shri. Siddhesh Chaugule
For Respondent: Shri. Muzafar Hussain, CIT(DR)(ITAT), Bengaluru, Shri. Siddhesh Chaugule

Revenue by : Shri. Muzafar Hussain, CIT(DR)(ITAT), Bengaluru. Assessee by : Shri. Siddhesh Chaugule Date of hearing : 03-03-2021 Date of Pronouncement : 03-03-2021 O R D E R Per Bench: These are cross appeals by the Revenue and the assessee against the Assessment Order dated 23.01.2015, relating to Assessment Year 2010-11.

IT(TP)A No.408/Bang/2015 C.O. No.126/Bang/2015 Page 2 of 3

2.

The Learned AR of the assessee orally submitted that the assessee has opted to settle the dispute in these appeals under the direct tax Vivad Se Vishwas Scheme, 2020, and has requested for adjournment of the appeals.

3.

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it was the proposition put forward by the Bench that under these facts, the appeals of the assessee may be dismissed as withdrawn and liberty may be granted to the assessee to approach this Tribunal for recall of this order under section 254(2) of the Act in case the assessee finally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assessee that if the liberty is granted to the assessee, then we have no objection about dismissal of the appeals as withdrawn.

4.

The appeals are accordingly dismissed as withdrawn.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 appeals are dismissed.

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

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