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Income Tax Appellate Tribunal, “B’’ BENCH: BANGALORE
Before: SHRI N.V. VASUDEVAN & SHRI CHANDRA POOJARI
PER CHANDRA POOJARI, ACCOUNTANT MEMBER:
These appeals at the instance of the assessee are directed against CIT(A)’s orders dated 31.3.2016. The relevant assessment years are 2006-07 & 2011-12.
At the time of hearing before me, the learned Counsel for the assessee has submitted that the assessee has opted for filing the applications under Direct Tax Vivad Se Vishwas Act, for settlement of the dispute, and accordingly, he prayed that the appeals may be adjourned. &1254/Bang/2016 M/s. Jaico Automobile Engineering Company Pvt. Ltd. Bangalore
Page 2 of 3 3. The learned Departmental Representative, however, submitted that the assessee has to withdraw the pending appeals after filing Form VSV1 as per Vivad Se Vishwas Act, 2020. Thereafter, the assessee is required to furnish a copy of the same along with the proof of payment of tax as determined by the tax official to the to the Department. He submitted that Form No.3 shall be issued to the assessee in due course and accordingly he submitted that the appeals of the assessee may be dismissed as withdrawn, as the assessee in any case is required to withdraw the appeals. The learned DR further submitted that in these types of cases, the Tribunal is giving liberty to seek recall of the order, if the appeals are dismissed by the Bench.
We have heard the rival submissions and perused the materials on record. The submissions made by the learned DR is considered. Since the assessee has opted for filing the applications under Direct Tax Vivad Se Vishwas Act for settlement of the dispute, the assessee would be moving applications for withdrawing the present appeals filed before the Tribunal in due course. Hence, we are of the view that no purpose will be served in keeping these appeals pending. Accordingly, we dismiss the appeal of the assessee as withdrawn. Since we have dismissed the appeals, the assessee is &1254/Bang/2016 M/s. Jaico Automobile Engineering Company Pvt. Ltd. Bangalore
Page 3 of 3 at liberty to move appropriate applications for recall of the present order in accordance with the law, if the assessee intends to do so.
In the result, the appeals filed by the assessee are dismissed, as withdrawn. Order pronounced in the open court on 3rd Mar, 2021.