M/S TORRY HARRIS BUSINESS SOLUTIONS PRIVATE LIMITED,BANGALORE vs. THE JOINT COMMISSIONER OF INCOME TAX SPECIAL RANGE-7, BANGALORE
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted that the assessee had opted for settlement under the Vivad Se Vishwas Act. Therefore, keeping the appeal pending would serve no purpose.
What were the facts?
The assessee filed an appeal before the ITAT for assessment year 2014-15. The assessee subsequently opted to settle the dispute under the Direct Taxes Vivad Se Vishwas Act, 2020.
What were the issues?
The primary issue was the pendency of the appeal before the Tribunal when the assessee had chosen to settle the dispute under a specific scheme.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A’’ BENCH: BANGALORE
Before: SHRI B. R. BASKARAN & SMT. BEENA PILLAI
PER B.R. BASKARAN, ACCOUNTANT MEMBER:
The assessee has filed this appeal challenging the order dated 22.09.2018 passed by the AO for the assessment year 2014-15 u/s 143(3) r.w.s. 144C(1) of the Act in pursuance of directions given by Ld Dispute Resolution Panel (DRP).
The Ld Counsel appearing for the assessee Shri B.R. Sudheendra representing M/s H.C Kincha & Associates, Chartered Accountants stated that the assessee has opted to settle the dispute in its appeal under Direct Taxes Vivad Se Vishwas Act, 2020. Accordingly he submitted that Tribunal may pass suitable orders.
IT(TP)A No.3132/Bang/2018 Torry Harris Business Solutions Pvt. Ltd., Bangalore
The Ld D.R, however, submitted that the Bangalore bench of Tribunal is dismissing the appeal in such kind of cases giving liberty to the assessee to seek recall, if something goes wrong with the application filed by the assessee.
We heard the parties. Since the Ld A.R has stated that the assessee has opted to settle the issues contested in this appeal under the Direct Taxes Vivad Se Vishwas Act, 2010, no purpose will be served in keeping this appeal pending. Accordingly, we dismiss the appeal of the assessee as withdrawn. However, we give liberty to the assessee to seek recall of this order in accordance with law, if the circumstances so warrant.
In the result appeal the assessee is dismissed. Order pronounced in the open court on 17th Feb, 2021
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