What did the Tribunal hold?

The tribunal noted that the assessee had opted for settlement under the Vivad Se Vishwas Act. Therefore, keeping the appeal pending would serve no purpose. The appeal was dismissed as withdrawn.

The assessee filed an appeal before the ITAT. The assessee's representative informed the tribunal that the assessee had opted to settle the dispute under the Direct Taxes Vivad Se Vishwas Act, 2020. No one appeared for the assessee during the hearing.

What were the issues?

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

Smt. Shantha Lakshmi Jayaram… vs DCIT | ITAT Bangalore 2020

Income Tax Appellate Tribunal, “A’’ BENCH: BANGALORE

Before: SHRI GEORGE GEORGE K. & SHRI B.R. BASKARAN

For Respondent: Shri Kannan Narayanan, D.R

Hearing: 31.12.2020Pronounced: 31.12.2020

PER B.R. BASKARAN, ACCOUNTANT MEMBER:

The assessee has filed this appeal challenging the order dated 28.09.2017 passed by Ld CIT(A)-3, Bengaluru and it relates to the assessment year 2013-14.

None appeared on behalf of the assessee. However, the Ld A.R of the assessee named Shri G S Prashanth, Chartered Accountant has filed a letter stating that the assessee has opted to settle the dispute in its appeal under Direct Taxes Vivad Se Vishwas Act, 2020.

Smt. Shantha Lakshmi Jayaram, Bellary Page 2 of 3 It is further stated that the assessee has filed Form No.1 & 2 for the appeal filed by the assessee. Accordingly it was prayed that Tribunal may pass suitable orders.

The Ld D.R, however, submitted that the Bangalore bench of Tribunal is dismissing the appeal in such kind of cases giving liberty to the assessee to seek recall, if something goes wrong with the application filed by the assessee.

We heard Ld D.R and perused the record. Since the assessee has opted to settle the issues contested in the appeal under the Direct Taxes Vivad Se Vishwas Act, 2010, no purpose will be served in keeping this appeal pending. Accordingly, we dismiss the appeal of the assessee as withdrawn. However, we give liberty to the assessee to seek recall of this order in accordance with law, if the circumstances so warrant.

In the result appeal the assessee is dismissed. Order pronounced in the open court on 31st Dec, 2020

Sd/- Sd/- (George George K.) (B.R. Baskaran) Judicial Member Accountant Member Bangalore, Dated 31st Dec, 2020. VG/SPS

Smt. Shantha Lakshmi Jayaram, Bellary

SMT. SHANTHA LAKSHMI JAYARAM,BELLARY vs. DEPUTY COMMISSIONER OF INCOME TAX, BELLARY

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