M/S WINTAC LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

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ITA 2854/BANG/2017Status: DisposedITAT Bangalore28 January 2021AY 2013-142 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The tribunal noted that since the assessee had opted for settlement under the Vivad Se Vishwas Act, there was no purpose in keeping the appeal pending. Therefore, the appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal before the ITAT challenging an order of the CIT(A). The assessee informed the tribunal that they had 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 continue when the assessee had opted for settlement under a specific tax dispute resolution scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A’’ BENCH: BANGALORE

Before: SHRI GEORGE GEORGE K. & SHRI B.R. BASKARAN

For Appellant: Shri H. Anil Kumar, A.R
For Respondent: Shri Kannan Narayanan, D.R
Hearing: 28.01.2021Pronounced: 28.01.2021

PER B.R. BASKARAN, ACCOUNTANT MEMBER:

1.

The assessee has filed this appeal challenging the order dated 22.09.2017 passed by Ld CIT(A)-7, Bengaluru and it relates to the assessment year 2013-14.

2.

The Ld Counsel appearing for the assessee Shri H. Anil Kumar, Chartered Accountant stated that the assessee has opted to settle the dispute in its appeal under Direct Taxes Vivad Se Vishwas Act, 2020. Accordingly he submitted that Tribunal may pass suitable orders.

Page 2 of 2 3. The Ld D.R, however, submitted that the Bangalore bench of Tribunal is dismissing the appeal in such kind of cases giving liberty to the assessee to seek recall, if something goes wrong with the application filed by the assessee.

4.

We heard the parties. Since the Ld A.R has stated that the assessee has opted to settle the issues contested in this appeal under the Direct Taxes Vivad Se Vishwas Act, 2010, no purpose will be served in keeping this appeal pending. Accordingly, we dismiss the appeal of the assessee as withdrawn. However, we give liberty to the assessee to seek recall of this order in accordance with law, if the circumstances so warrant.

5.

In the result appeal the assessee is dismissed. Order pronounced in the open court on 28th Jan, 2021

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