What did the Tribunal hold?

The Tribunal noted that the assessee would be withdrawing the appeals after opting for the Vivad Se Vishwas scheme. Therefore, keeping the appeals pending would serve no purpose.

The assessee opted to resolve disputes under the Direct Tax Vivad Se Vishwas Act, 2020. The assessee requested an adjournment to file the application.

What were the issues?

Whether the appeals should be kept pending when the assessee has opted for settlement under the Vivad Se Vishwas Act.

Sri. K. Chandrashekar Reddy… vs ITO | ITAT Bangalore 2021

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

Before: SHRI CHANDRA POOJARI & SMT. BEENA PILLAI

For Appellant: Shri Nagharish, A.R

For Respondent: Shri Mathivanan, D.R

Hearing: 03.03.2021Pronounced: 03.03.2021

PER CHANDRA POOJARI, ACCOUNTANT MEMBER:

These appeals at the instance of the assessee are directed against CIT(A)’s orders dated 25.07.2019. The relevant assessment years are 2009-10 & 2010-11.

At the time of hearing before us, the learned Counsel for the assessee submitted that the assessee is opting to file application to resolve the dispute raised in these appeals under the provisions of Direct Tax Vivad Se Vishwas Act, 2020, and prayed that the appeals may be adjourned. & 2363/Bang/2019 Sri K. Chandrashekar Reddy, 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be issued to the assessee in due course and accordingly submitted that the appeals of the assessee may be dismissed as withdrawn, as the assessee in any case is required to withdraw the appeals.

We have heard rival submissions and perused the material on record. The submissions made by the learned DR is considered. Since the assessee has opted for filing the application under Direct Tax Vivad Se Vishwas Act for settlement of the dispute, the assessee would be moving application 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 appeals of the assessee.

In the result, the appeals filed by the assessee are dismissed. Order pronounced in the open court on 3rd Mar, 2021

SRI. K. CHANDRASHEKAR REDDY,BENGALURU vs. THE INCOME TAX OFFICER, WARD- 1(3)(2), BENGALURU

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

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