M/S. JAI BHARATH MILLS PRIVATE LIMITED,MANIPAL vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 1, UDUPI
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 the VSVS 2020 scheme. Therefore, no purpose would be served by keeping the appeals pending.
What were the facts?
The assessee filed an appeal against an order for assessment year 2003-04. The assessee subsequently decided to opt for the VSVS 2020 scheme and filed the necessary forms.
What were the issues?
Whether the appeal should be dismissed as withdrawn due to the assessee opting for a settlement scheme.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C’ BENCH : BANGALORE
Before: SHRI. CHANDRA POOJARI & SMT. BEENA PILLAI
ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeal by the assessee has been filed by assessee against order dated 3/7/2019 passed by CIT(A), Managaluru for assessment year 2003-04. 2. At the outset, Ld.AR vide letter dated 23/01/2021 submitted that assessee has decided to go in for VSVS 2020. It is also been submitted that assessee filed Form 1 & 2 in respect of these appeals. He however filed an adjournment application seeking date till that received Form 3.
Ld.Sr.DR submitted that the appeals may be dismissed as no purpose will be served by keeping the appeals pending.
We have perused submissions advances by both sides in light of records placed before us. 5. As assessee has sought for VSVS- scheme 2020, no purpose will be served in keeping the present appeals pending. Considering the situation, we dismiss the present appeals as withdrawn. However, liberty is granted to move appropriate application for recall of this order, in accordance with law if circumstances so warrant. Accordingly, assessee’s appeal for year under consideration is allowed to be withdrawn with liberty. In the result, assessee’s appeal is dismissed as withdrawn. Order pronounced in the open court on 1st February, 2021 Sd/- Sd/- (CHANDRA POOJARI) (BEENA PILLAI) Accountant Member Judicial Member Bangalore, Dated, the 1st February, 2021. /Vms/ Copy to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR, ITAT, Bangalore 6. Guard file By order
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