M/S FOSSIL INDIA PVT LT D,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-3(1)(2), BANGALORE

The Learned AR of the assessee submitted that the assessee has opted to settle the dispute in this appeal under the direct tax Vivad Se Vishwas Scheme, 2020. The learned AR has stated that the assessee is awaiting issuance of Form 3 by the designated authority and has requested for adjournment of the appeal.

In the course of hearing, it was the proposition put forward by the Bench that under these facts, the appeal of the assessee may be dismissed as IT(TP)A No. 2504/Bang/2017 Page 2 of 2 withdrawn and liberty may be granted to the assessee to approach this Tribunal for recall of this order under section 254(2) of the Act in case the assessee finally opts out of Vivad Se Vishwas Scheme, 2020. In reply, it was submitted by learned AR of the assessee that if the liberty is granted to the assessee, then we have no objection about dismissal of the appeal as withdrawn.

The appeal is accordingly dismissed as withdrawn. The assessee is however at liberty to seek recall of this order in case the assessee is not able to settle the dispute under the Scheme.

In the result, assessee’s appeal is dismissed.