M/S. VIZURY INTERACTIVE SOLUTIONS PRIVATE LIMITED (NOW KNOWN AS LEMNISK PRIVATE LIMITED),BANGALORE vs. INCOME TAX OFFICER, WARD- 7(1)(2), BANGALORE

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ITA 2635/BANG/2019Status: DisposedITAT Bangalore22 January 2021AY 2014-152 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The Tribunal dismissed the appeals as withdrawn, granting the assessee liberty to seek recall of the order if they opt out of the Vivad Se Vishwas Scheme.

What were the facts?

The assessee opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020, and requested an adjournment of the appeals. The Tribunal proposed dismissing the appeals as withdrawn with liberty to recall.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme, with liberty to recall.

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, “A” BENCH : BANGALORE

Before: SHRI N. V. VASUDEVAN & SHRI B. R. BASKARAN

For Appellant: Shri. Siddanna Biradar, CA
For Respondent: Shri. Tshering Ongda, JCIT (DR) (ITAT), Bengaluru
Hearing: 21.1.2021Pronounced: 21.1.2021

O R D E R

Per N. V. Vasudevan, Vice President These are appeals by the assessee against 2 orders both dated 28.10.2019 of CIT(A)-7, Bengaluru, relating to Assessment Years 2014-15 and 2015-16.

2.

The Learned AR of the assessee submitted that the assessee has opted to settle the dispute in these appeals under the direct tax Vivad Se Vishwas Scheme, 2020 and has requested for adjournment of the appeals.

3.

In the course of hearing, it was the proposition put forward by the Bench that under these facts, the appeals of the assessee may be dismissed as withdrawn and liberty may be granted to the assessee to approach this IT(TP)A Nos.2635 and 2636/Bang/2019 Page 2 of 2 Tribunal for recall of this order under section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assessee that if the liberty is granted to the assessee, then we have no objection about dismissal of the appeals as withdrawn.

4.

The appeals are accordingly dismissed as withdrawn.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 appeals are dismissed.

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

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