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

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ITA 5/BANG/2020Status: DisposedITAT Bangalore04 January 2021AY 2015-163 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the revenue's appeals as the assessee had opted for settlement under the Vivad Se Vishwas Act. The assessee was directed to persuade the AO to file an application for recall of the order if the settlement process failed.

What were the facts?

The assessee opted to settle the tax dispute under the Direct Taxes Vivad Se Vishwas Act, 2020. The assessee filed applications under the Act but had not received a required form.

What were the issues?

Whether the appeals should be kept pending when the assessee has opted for settlement under the Vivad Se Vishwas Act.

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. R. Premi, D.R
For Respondent: Shri Pranav Krishna, A.R
Hearing: 04.01.2021Pronounced: 04.01.2021

PER B.R. BASKARAN, ACCOUNTANT MEMBER:

1.

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.

& Shri G. Shankar, Vijayapur

Page 2 of 3 2. The Ld A.R of the assessee has filed a letter stating that he is opting to settle the issues for both these years under Direct Taxes Vivad Se Vishwas Act, 2020 and has filed Form 1 and 2. The Ld A.R submitted that the assessee has not received Form no.3. Accordingly he sought adjournment of the matters. However, the Ld A.R submitted that the Bangalore bench of Tribunal is dismissing the appeals in such kind of cases giving liberty to seek recall of the order.

3.

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.

4.

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.

5.

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

Page 3 of 3 with law within the statutory time period, if something goes wrong in respect of applications filed by the assessee under VSVS Act.

6.

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

Order pronounced in the open court on 4th Jan, 2021.

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