M/S. CHURIWAL DEVELOPERS PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 2(1)(1), BANGALORE

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ITA 196/BANG/2020Status: DisposedITAT Bangalore27 January 2021AY 2015-162 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the assessee's appeal as withdrawn, granting liberty to seek recall if the Vivad Se Vishwas settlement is not finalized.

What were the facts?

The assessee opted to settle the dispute under the Vivad Se Vishwas Scheme and requested an adjournment of the appeal. The Tribunal proposed dismissing the appeal as withdrawn with liberty to recall.

What were the issues?

The primary issue was how to proceed with the appeal given the assessee's intention to settle under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC-A” BENCH : BANGALORE

Before: SHRI N. V. VASUDEVAN

For Appellant: Shri. Mukesh Kumar Jain, CA
For Respondent: Shri. Ganesh R. Ghale, Sr. Standing Counsel
Hearing: 27.1.2021Pronounced: 28.1.2021

Assessment Year : 2015-16 M/s. Churiwal Developers Pvt. Ltd., Vs. The Deputy Commissioner of B-83, Ganga Heights, 18th Main, 24th Cross, Income Tax, 1st Stage, HBR Layout, 5th Block, Circle – 2[1][1], Bangalore – 560 043. Bangalore. PAN : AACCC 8529 M APPELLANT RESPONDENT Assessee by : Shri. Mukesh Kumar Jain, CA Revenue by : Shri. Ganesh R. Ghale, Sr. Standing Counsel Date of hearing : 27.1.2021 Date of Pronouncement : 28.1.2021 O R D E R This is an appeal by the assessee against the order dated 06.11.2019 of CIT(A)-2, Bangalore, relating to Assessment Year 2015-16.

2.

The Learned AR of the assessee submitted that the assessee has opted to settle the dispute in this appeal under the direct tax Vivad Se Vishwas Scheme, 2020, has filed Form 1, 2 and 3 and has requested for adjournment of the appeal.

3.

In the course of hearing, it was the proposition put forward by the Bench that under these facts, the appeal of the assessee may be dismissed as withdrawn and liberty may be granted to the assessee to approach this Tribunal for recall of this order under section 254(2) of the Act in case the assessee finally opts out of Vivad Se Vishwas Scheme, 2020. In reply, it was submitted by learned AR of the assessee that if the liberty is granted to the assessee, then we have no objection about dismissal of the appeal as withdrawn.

4.

The appeal is accordingly dismissed as withdrawn. The assessee is however at liberty to seek recall of this order in case the assessee is not able to settle the dispute under the Scheme.

5.

In the result, assessee’s appeal is dismissed.

Pronounced in the open court on the date mentioned on the caption page.

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