SRI. V. SHIVAKUMAR,MYSURU vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, MYSURU

PDF · subscribers
ITA 1763/BANG/2019Status: DisposedITAT Bangalore04 January 2021AY 2011-123 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The Tribunal agreed to dismiss the appeals as withdrawn, granting the assessee liberty to seek recall of the order if the Vivad Se Vishwas settlement was not finalized.

What were the facts?

The assessee had appealed against orders of the CIT(A) for AY 2011-12 and 2012-13. The assessee intended to settle the dispute under the Vivad Se Vishwas Scheme and requested the proceedings be kept in abeyance.

What were the issues?

The primary issue was how to handle the appeals given the assessee's intention to opt for the Vivad Se Vishwas Scheme and the need for a procedural mechanism if the settlement failed.

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: Shri. V. Srinivasan, Advocate
For Respondent: Smt. R. Premi, JCIT (DR)(ITAT), Bengaluru
Hearing: 4.1.2021Pronounced: 4.1.2021

O R D E R

Per N. V. Vasudevan, Vice President These are appeals filed by the assessee against two orders both dated 25.06.2019 passed by the CIT(A)-11, Bangalore, relating to Assessment Years 2011-12 and 2012-13.

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 and has filed Form Nos.1 and 2 and is awaiting to receive Form 3 from the Designated Authority. Learned Counsel for the assessee prayed for keeping the proceedings in abeyance till the assessee received Form 3.

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was the proposition put forward by the Bench that under these facts, the appeals of the assessee may be dismissed and withdrawn and liberty may be granted to the assessee to approach this Tribunal for recall of this order under section 254(2) of the Act in case the assessee finally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assessee that if the liberty is granted to the assessee, then we have no objection about dismissal of the appeals as withdrawn.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

4.

The appeals are accordingly dismissed as withdrawn. The assessee is however at liberty to seek recall of this order in the event of non-issue of Form-III or for other reasons 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.

Recent GST High Court judgments

Search GST case law →