DELL INDIA P LTD,BANGALORE vs. INCOME TAX OFFICER, (TDS),LTU, BANGALORE

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ITA 1187/BANG/2014Status: DisposedITAT Bangalore13 January 2021AY 2009-103 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 allowed the assessee to withdraw the appeals as they had opted for settlement under the Vivad Se Vishwas Act. The assessee was granted liberty to seek recall of the order if necessary after the VSVS proceedings reached finality.

What were the facts?

The assessee filed appeals for assessment years 2009-10 and 2010-11. The assessee subsequently opted to settle the disputes under the Direct Taxes Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the assessee can withdraw pending appeals after opting 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, “B’’ BENCH: BANGALORE

Before: SHRI B. R. BASKARAN & SMT. BEENA PILLAI

For Appellant: Smt. Manasa Ananthan, A.R
For Respondent: Shri Muzaffar Hussain, D.R
Hearing: 13.01.2021Pronounced: 13.01.2021

PER B.R. BASKARAN, ACCOUNTANT MEMBER:

1.

The assessee has filed this appeal challenging the orders passed by Ld CIT(A), Large tax payers Unit, Bengaluru and it relates to the assessment years 2009-10 and 2010-11.

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 /Bang/2014 & Dell International Services India Pvt. Ltd. Bangalore

Page 2 of 3 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 stated the assessee may be allowed to withdraw these two appeals.

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 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 the request of the assessee may be accepted.

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, as requested by the Ld A.R of the assessee, we allow the assessee to withdraw these two appeals. However, since the proceedings under VSVS scheme have not reached finality, the assessee is given liberty to move appropriate applications seeking recall of the present order in accordance with the law, if the same is warranted.

5.

In the result, both the appeals of the assessee are dismissed as withdrawn. Order pronounced in the open court on 13th Jan, 2021 Sd/- Sd/- (Beena Pillai) (B.R. Baskaran) Judicial Member Accountant Member Bangalore, Dated 13th Jan, 2021. VG/SPS /Bang/2014 & Dell International Services India Pvt. Ltd. Bangalore

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