THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 1, VIJAYAPUR vs. SHRI. G SHANKAR, VIJAYAPUR

The revenue has filed these two appeals challenging the separate orders dated 27-09-2019 passed by Ld CIT(A)-2, Panaji, Goa and they relate to the assessment years 2014-15 and 2015-16.

The Ld D.R, submitted that the appeals have been filed by the revenue and hence, if the appeals are dismissed and if something goes wrong with the applications filed by the assessee for settlement of disputes, then the revenue should be given liberty to file applications seeking recall of the order. The Ld D.R further submitted that the assessee should be directed to intimate the AO about the results of the applications filed by it and if they do not go through as desired by the assessee, then the assessee should persuade the AO to file necessary applications for recall of this order within the statutory time limit prescribed under the Act.

We heard the parties and perused the record. Since the assessee has already filed applications under VSVS Act for both the years, we are of the view that no purpose would be served in keeping these appeals pending, since the present appeals have to be withdrawn by the revenue once the dispute is settled under the above said Act. Accordingly, we dismiss both the appeals of the revenue.

However, we find merit in the submissions made by Ld D.R. Since these appeals filed by the revenue are dismissed by us at the instance of the assessee, we direct the assessee to persuade the AO to file necessary applications for recall of this order in accordance Shri G. Shankar, Vijayapur

In the result, both the appeals of the revenue are dismissed.