M/S PROVIMI ANIMAL NUTRITION INDIA PVT LTD ,BAGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-5(1)(2), BANGALORE

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 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 Tribunal may pass suitable orders.

The Ld D.R, however, submitted that the assessee has to withdraw the pending appeal after filing Form VSV1 as per Vivad Se

The Ld A.R, in the rejoinder, submitted that in case the appeal is dismissed, the assessee should be given liberty to seek recall of the order, if something goes wrong.

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, the appellant would be moving application for withdrawing this appeal filed before the Tribunal in due course. Accordingly, we are of the view that no purpose will be served in keeping this appeal pending. Accordingly we dismiss the appeal of the assessee as withdrawn. However, the assessee is given liberty to move appropriate applications seeking recall of the present order in accordance with the law, if the assessee intends to do so.

In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 11th Jan, 2021