M/S HARIPRIYA INVESTMENTS vs. ACIT,

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ITA 1626/BANG/2013Status: DisposedITAT Bangalore20 January 2021AY 2006-072 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The tribunal agreed to dismiss the appeals as withdrawn, granting the assessee liberty to seek recall of the order if issues arise with the Vivad Se Vishwas Scheme.

What were the facts?

The assessee sought an adjournment in their ITAT appeals because they had opted for the Vivad Se Vishwas Scheme. The tribunal noted that the Bangalore Benches typically dismiss such appeals as withdrawn.

What were the issues?

Whether appeals should be dismissed as withdrawn when the assessee opts for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Vivad Se Vishwas Scheme Act, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH : BANGALORE

Before: SHRI CHANDRA POOJARI & SMT. BEENA PILLAI

For Appellant: Shri Pranav Krishna, Advocate
For Respondent: Shri Priyadarshi Mishra, Addl.CIT(DR)(ITAT), Bengaluru
Hearing: 20.01.2021Pronounced: 20.01.2021

Per Chandra Poojari, Accountant Member These appeals are filed by the assessee against the separate orders, both dated 30.8.2013 of the CIT(Appeals), Large Taxpayers Unit (LTU), Bangalore relating to assessment years 2005-06 & 2006-07.

2.

During the course of hearing of the appeals, the ld. counsel for the assessee sought adjournment on the ground that the assessee has opted for Vivad Se Vishwas Scheme Act (VSVS), 2020 by filing the necessary applications in Form 1 & Form 2 and issue of Form 3 is awaited. The Bench pointed out that the Bangalore Benches in such cases is dismissing the appeal as withdrawn, with liberty to seek recall of the order, to which the ld. counsel for the assessee agreed. Accordingly, the appeals are dismissed as withdrawn. However, the assessee is at liberty to seek recall of this order in the event of Form No.3 not being issued by the department, or for any such reason under the VSVS.

3.

In the result, the appeals are dismissed as withdrawn.

Pronounced in the open court on this 20th day of January, 2021.

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