SRI. DINESH DEVRAJ RANKA,BENGALURU vs. ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE-8, BENGALURU

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ITA 2784/BANG/2017Status: DisposedITAT Bangalore05 January 2021AY 2009-102 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal proposed to dismiss the appeals as withdrawn, granting liberty to the assessee to seek recall if they opt out of the Vivad Se Vishwas Scheme. The assessee agreed to this proposal.

What were the facts?

The assessee opted to settle disputes under the Vivad Se Vishwas Scheme, 2020, and filed the necessary form. The assessee requested an adjournment of the appeals.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme, with liberty to seek recall.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. Jinita Chatterjee, Advocate
For Respondent: Shri. Pradeep Kumar, CIT (DR)(ITAT), Bangalore
Hearing: 5.1.2021Pronounced: 5.1.2021

O R D E R

Per N. V. Vasudevan, Vice President These appeals filed by the assessee are against the order dated 26.09.2017 of CIT(A)-1, Bangalore, in relation to Assessment Years 2009-10 and 2010-11.

2.

The Learned AR of the assessee submitted that the assessee has opted to settle the dispute in these appeals under the direct tax Vivad Se Vishwas Scheme, 2020, has filed Form No.1 and has requested for adjournment of the appeals.

3.

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it was the proposition put forward by the Bench that under these facts, the appeals of the assessee may be dismissed as withdrawn and liberty may be granted to the assessee to approach this Tribunal for recall of this order under section 254(2) of the Act in case the assessee finally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assessee that if the liberty is granted to the assessee, then we have no objection about dismissal of the appeals as withdrawn.

4.

The appeals are accordingly dismissed as withdrawn.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 appeals are dismissed.

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

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