DCIT vs. SRI. B.M. FAROOKU,

The Ld authorised representative of the assessee has furnished a letter stating that the assessee has opted to settle the disputes arising in these appeals under Vivad se Vishwas Act, 2020. It is stated that the assessee has filed applications in Form 1 & 2 and is awaiting Form 3. Accordingly, the assessee has sought adjournment.

The Ld D.R submitted that the Bangalore bench of Tribunal is dismissing the appeals in such kind of cases giving liberty to seek recall of the order. The Ld D.R, further submitted that five appeals have been filed by the revenue and hence, if the appeals of the revenue are dismissed and if something goes wrong with the applications filed by the assessee for settlement of disputes, then the revenue should be given liberty to file applications seeking recall of the relevant order. The Ld D.R further submitted that the assessee should be directed to intimate the AO about the results of the applications filed by it and if they do not go through as desired by the assessee, then the assessee should persuade the AO to file necessary to 944/Bang/2013 ITA Nos.1020 to 1024/Bang/2013 & CO Nos.15 & 16/Bang/2013 Sri B.M. Farookh, Bangalore Page 3 of 4 applications seeking recall of this order within the statutory time limit prescribed under the Act.

We heard the parties and perused the record. Since the assessee has already filed applications under VSVS Act in respect of the appeals under consideration, we are of the view that no purpose would be served in keeping the appeals filed by both the assessee and revenue pending, since the same has to be withdrawn by them once the dispute is settled under the above said Act. Accordingly, we dismiss all the appeals under consideration.

However, we find merit in the submissions made by Ld D.R. Since the appeals filed by the revenue are dismissed by us at the instance of the assessee, we direct the assessee to persuade the AO to file necessary applications for recall of this order in accordance with law within the statutory time period, if something goes wrong in respect of applications filed by the assessee under VSVS Act.

Since the assessee has not received Form no.3, we give liberty to the assessee to seek recall of the order passed for all or any of the appeals filed by him, if something goes wrong.