M/S CENTENARY ARCADES PRIVATE LIMITED,BANGALORE vs. PRINCIPAL COMMISSIONER OF INCOME TAX, BANGALORE

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ITA 3378/BANG/2018Status: DisposedITAT Bangalore12 January 2021AY 2014-152 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The Tribunal dismissed the appeal as withdrawn, granting the assessee liberty to seek recall of the order if they opt out of the Vivad Se Vishwas Scheme.

What were the facts?

The assessee filed an appeal against an order passed under section 263 of the Income Tax Act. The assessee had opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020 and requested an adjournment.

What were the issues?

The primary issue was the assessee's intention to settle the dispute under the Vivad Se Vishwas Scheme and its impact on the ongoing appeal.

Which sections of the Income-tax Act were involved?

Section 263,Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH : BANGALORE

Before: SHRI N. V. VASUDEVAN & SHRI CHANDRA POOJARI

For Appellant: Shri. Narendra Sharma, Advocate
For Respondent: Shri. Pradeep Kumar, CIT (DR)(ITAT), Bengaluru
Hearing: 12.1.2021Pronounced: 12.1.2021

O R D E R

Per N. V. Vasudevan, Vice President This appeal filed is by the assessee against the order dated 12.10.2018 of Principal CIT, Bengaluru-2, Bengaluru, passed under section 263 of the Income Tax Act, 1961 (hereinafter called ‘the Act’) dated 28.08.2018, relating to Assessment Year 2014-15.

2.

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 and has enclosed Form Nos.1 and 2. The learned AR has stated that the assessee is awaiting acceptance of the form by the Revenue and has requested for adjournment of the appeal.

3.

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it was the proposition put forward by the Bench that under these facts, the appeal of the assessee may be dismissed as withdrawn and liberty may be granted to the assessee to approach this Tribunal for recall of this order under section 254(2) of the Act in case the assessee finally opts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the assessee that if the liberty is granted to the assessee, then we have no objection about dismissal of the appeal as withdrawn.

4.

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.

5.

In the result, assessee’s appeal is dismissed.

Pronounced in the open court on the date mentioned on the caption page.

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