SMT. M NANJAMMA,BANGALORE vs. INCOME TAX OFFICER, WARD- 3(2)(2), BANGALORE
What did the Tribunal hold?
The Tribunal noted that the assessee's decision to opt for the Vivad Se Vishwas scheme indicated an intention not to pursue the pending appeals. Therefore, the appeals were dismissed as withdrawn.
What were the facts?
The assessee had filed appeals before the Income Tax Appellate Tribunal. During the pendency of these appeals, the assessee opted to file an application under the Vivad Se Vishwas Act, 2020.
What were the issues?
Whether pending appeals should be dismissed when the assessee opts for a settlement scheme like Vivad Se Vishwas.
Which sections of the Income-tax Act were involved?
Vivad Se Vishwas Act, 2020
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, BANGALORE BENCHES “ C ” BENCH: BANGALORE
Before: SHRI CHANDRA POOJARI & SMT. BEENA PILLAI
O R D E R PER SHRI CHANDRA POOJARI, AM :
These appeals filed by the assessee are directed against different orders of Commissioner of Income Tax (Appeals)-3, Bangalore. 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 Year is 2009-10.
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, 1047/Bang/2019 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issued to the assessee in due course and accordingly he submitted that the appeals of the assessee may be dismissed as withdrawn, as the assessee, in any way, is required to withdraw the appeals.
We 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 has already filed the necessary applications before the tax authorities under the above said scheme, we are of the view that no purpose will be served in keeping the appeals pending. Accordingly, we dismiss the appeals of the assesses as withdrawn. Further the assesses are at liberty to move appropriate application for recall of the present order in accordance with the law, if the assesses intends to do so.
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