What did the Tribunal hold?

The Tribunal noted that the assessee would be withdrawing the appeal filed before it. Therefore, keeping the appeal pending would serve no purpose. The appeal was dismissed as withdrawn.

The assessee filed an appeal with a delay of 113 days, which was condoned by the Tribunal. During the hearing, the assessee's counsel informed the Tribunal that the assessee had opted for settlement under the Direct Tax Vivad Se Vishwas Act.

What were the issues?

Whether the appeal should be dismissed as withdrawn since the assessee has opted for settlement under the Vivad Se Vishwas Act.

Smt.Chandrakala Reddy vs ITO | ITAT Bangalore 2021

Income Tax Appellate Tribunal, BANGALORE BENCHES “A”, BANGALORE

Before: Shri George George K, JM & Shri B.R.Baskaran, AM

Hearing: 27.01.2021

O R D E R

Per George George K, JM :

This appeal at the instance of the assessee is directed against CIT(A)’s order dated 14.01.2016. The relevant assessment year is 2008-2009.

There is a delay of 113 days in filing this appeal. The assessee has filed a petition for condonation of delay and also an Affidavit of the assessee, stating therein the reason for the delayed filing of this appeal. We have perused the reasons stated in the Affidavit of the assessee. We are of the view that there is sufficient cause for the belated filing of this appeal and no latches can be attributed on the part of the assessee. Therefore, we condone the delay of 113 days in filing this appeal and proceeded to dispose of the same on merit.

At the time of hearing before us, the learned Counsel for the assessee has furnished a letter dated 27th January, 2021,

2 Smt.Chandrakala Reddy. wherein it is submitted that the assessee has opted for filing the application under Direct Tax Vivad Se Vishwas Act, for settlement of the dispute, and accordingly, he prayed that the appeal may be adjourned.

The learned Departmental Representative, however, submitted that the assessee has to withdraw the pending appeal 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issued to the assessee in due course and accordingly he submitted that the appeal of the assessee may be dismissed as withdrawn, as the assessee in any case is required to withdraw the appeal. The learned DR further submitted that in these types of cases, the Tribunal is giving liberty to seek recall of the order if the appeal is dismissed by the Bench.

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 appeal filed before the Tribunal in due course. Hence, we are of the view that no purpose will be served in keeping this appeal pending. Accordingly, we dismiss the appeal of the assessee as withdrawn. Since we have dismissed the appeal, the assessee is at liberty to move appropriate application for recall of the

SMT.CHANDRAKALA REDDY,BANGALORE vs. INCOME TAX OFFICER, BANGALORE

What did the Tribunal hold?

What were the facts?

What were the issues?

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