M/S MONALISA INTERIOR DECORATORS PVT. LTD.,BENGALURU vs. THE INCOME TAX OFFICER WARD- 4(1)(3), BENGALURU

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ITA 2096/BANG/2018Status: DisposedITAT Bangalore06 January 2021AY 2013-142 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The Tribunal dismissed the assessee's appeal as withdrawn, granting liberty to seek recall if the Vivad Se Vishwas settlement is not finalized.

What were the facts?

The assessee opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020, and requested an adjournment of the appeal. The Tribunal proposed dismissing the appeal as withdrawn with liberty to recall.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme, with provisions for recall.

Which sections of the Income-tax Act were involved?

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 B. R. BASKARAN

For Appellant: Smt. Sheetal Borkar, Advocate
For Respondent: Smt. R. Premi, JCIT (DR)(ITAT), Bengaluru
Hearing: 6.1.2021Pronounced: 6.1.2021

O R D E R

Per N. V. Vasudevan, Vice President This appeal filed is by the assessee against the order dated 23.03.2018 of CIT(A)-4, Bangalore, in relation to Assessment Year 2013-14.

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, has filed Form No.1 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it was the proposition put forward by the Bench that under these facts, the appeal of the assessee may be dismissed as withdrawn and liberty may be granted to the assessee to approach this Tribunal for recall of this order under section 254(2) of the Act in case the assessee finally opts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the assessee that if the liberty is granted to the assessee, then we have no objection about dismissal of the appeal as withdrawn.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The appeal is accordingly dismissed as withdrawn.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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