SMT. DHANALAKSHMI KISHAN MAGAJI,BENGALURU vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 4(3)(1), BANGALORE

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ITA 2439/BANG/2019Status: DisposedITAT Bangalore19 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 noted that the assessee had initiated settlement under the Vivad Se Vishwas Act. Since the dispute was being settled, the Tribunal found no purpose in keeping the appeal pending and dismissed it.

What were the facts?

The assessee filed an appeal before the ITAT. The assessee subsequently opted to settle the dispute under the Direct Taxes Vivad Se Vishwas Act, 2020. The assessee sought an adjournment to complete the settlement process.

What were the issues?

Whether an appeal should be kept pending when the assessee has opted for settlement under the Vivad Se Vishwas Act.

Which sections of the Income-tax Act were involved?

Direct Taxes Vivad Se Vishwas Act, 2020

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 V. Sridhar, A.R
For Respondent: Ms. Neera Malhotra, D.R
Hearing: 19.01.2021Pronounced: 19.01.2021

PER B.R. BASKARAN, ACCOUNTANT MEMBER:

1.

The assessee has filed this appeal challenging the order dated 28.10.2019 passed by Ld CIT(A)-5, Bengaluru and it relates to the assessment year 2014-15.

2.

The Ld A.R of the assessee has filed a letter stating that the assessee has opted to settle the dispute in these two appeals under Direct Taxes Vivad Se Vishwas Act, 2020. It is stated that the assessee has filed Form 1 & 2 and is awaiting Form no.3. Accordingly, the Ld A.R has sought adjournment.

3.

The Ld D.R, however, submitted that the assessee has to withdraw the pending appeal after filing Form VSV1 as per Vivad Se Smt. Dhanalakshmi Kishan Magaji, Bangalolre Page 2 of 2 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 department. Accordingly he submitted that no purpose shall be served in keeping the appeal pending.

4.

We heard the parties and perused the record. The submissions made by parties are considered. Since the assessee has filed application under Direct Tax Vivad Se Vishwas Act, 2020 for settling the issues for the year under consideration, no purpose will be served in keeping the appeal pending. Accordingly we dismiss the appeal of the assessee. However, the assessee is given liberty to move appropriate application seeking recall of the present order in accordance with the law, if the same is warranted.

5.

In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 19th Jan, 2021.

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