SRI. R C SUBRAMANYAM,BANGALORE vs. TAX RECOVERY OFFICER, RANGE-7, BENGALORE

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ITA 1871/BANG/2018Status: DisposedITAT Bangalore18 January 2021AY 2005-062 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee had applied for settlement under the Vivad Se Vishwas Act. Therefore, keeping the appeal pending would serve no purpose.

What were the facts?

The assessee filed an appeal before the ITAT for assessment year 2005-06. The assessee subsequently opted to settle the dispute under the Direct Taxes Vivad Se Vishwas Act, 2020.

What were the issues?

The primary issue was whether the appeal should be kept pending after the assessee opted for settlement under the Vivad Se Vishwas Act.

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 Ravi Shankar, A.R
For Respondent: Shri Ongda Tshering, D.R
Hearing: 18.01.2021Pronounced: 18.01.2021

PER B.R. BASKARAN, ACCOUNTANT MEMBER:

1.

The assessee has filed this appeal challenging the order dated 23.03.2018 passed by Ld CIT(A)-10, Bengaluru and it relates to the assessment year 2005-06.

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 Vishwas Act, 2020. Thereafter, the assessee is required to furnish a Sri R.C. Subramanyam, Bengaluru Page 2 of 2 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 shall be served in keeping the appeal pending. 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 18th Jan, 2021.

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