What did the Tribunal hold?

The Tribunal held that since the assessee has opted for the Vivad Se Vishwas Act, there is no purpose in keeping the appeals pending. Therefore, the appeals are dismissed as withdrawn.

The assessee opted to file an application under the Vivad Se Vishwas Act, 2020. The assessee requested the appeals to be dismissed with liberty to move for recall if needed. The Department agreed that the appeals should be dismissed as withdrawn.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas scheme.

Gudwil Housing Limited vs DCIT | ITAT Bangalore 2021

Income Tax Appellate Tribunal, S.M.C. “ C ” BENCH: BANGALORE

Before: SHRI GEORGE GEORGE K

For Appellant: Shri Pavan Krishna,Advocate

For Respondent: Shri Ganesh R Ghale, Standing Counsel for Department

Hearing: 18.01.2021

O R D E R These appeals at the instance of the assessee are directed against different orders of Commissioner of Income Tax (Appeals)-3, Bangalore Dt.9.10.2018. Since common issue is involved in these appeals, they are heard together and consolidated order is passed for the sake of convenience. The relevant Assessment Years are 1996-97, 1998-99 & 1999-2000.

2 to 251/Bang/2019 2. At the time of hearing, the learned Authorised Representative submitted that the assessee has opted to file an application under the Vivad Se Vishwas Act, 2020. Accordingly, ld. AR submitted that these appeals may be dismissed with the liberty to move appropriate application for recall of the present order in accordance with law, if the assesses intended to do so.

On the other hand, the learned Departmental Representative submitted that the assessee has to withdraw the pending appeals after filing the Form VSV1 as per Vivad Se 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. Ld. DR submitted that the Form No.3 shall be issued to the assesses in due course and accordingly he submitted that the appeals of the assessee may be dismissed as withdrawn, as the assesses, in any way, is required to withdraw the appeals.

I have heard both the parties and perused the material on record. Since the assessee has opted for Vivad Se Vishwas Act, 2020, the assessee is interested in not prosecuting these appeals filed before the Tribunal. Since the assessee is intended to file the necessary applications before the tax authorities under the above said scheme, I am of the view that no purpose will be served in keeping the appeals pending. Accordingly, I dismiss the appeals of the assesses as withdrawn.

3 to 251/Bang/2019 Further the assessee is at liberty to move appropriate application for recall of the present order in accordance with the law, if the assesses intends to do so. 5. In the result, both the appeals of the assessee are dismissed as withdrawn. Pronounced in the open court on the date mentioned on the caption page.

GUDWIL HOUSING LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-11(3), BANGALORE

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