M/S HUM INDIA FAB PRIVATE LIMITED,BANGALORE vs. INCOME TAX OFFICER WARD-3(1)(3), BANGALORE
What did the Tribunal hold?
The tribunal noted that the assessee had opted for settlement under the Vivad Se Vishwas Act. Since no purpose would be served by keeping the appeal pending, the tribunal dismissed the appeal as withdrawn.
What were the facts?
The assessee filed an appeal against the CIT(A)'s order. 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, and requested an adjournment.
What were the issues?
Whether an appeal should be kept pending when the assessee has opted for settlement under the Vivad Se Vishwas Act.
Which sections of the Income-tax Act were involved?
Direct Taxes Vivad Se Vishwas Act, 2020
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A’’ BENCH: BANGALORE
Before: SHRI GEORGE GEORGE K. & SHRI B.R. BASKARAN
PER B.R. BASKARAN, ACCOUNTANT MEMBER:
The assessee has filed this appeal challenging the order dated 15.03.2018 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 M/s Dagliya & Co., Chartered Accountants 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. It is further stated that the assessee has filed Form No.1 & 2 for the Hum India Fab P. Ltd., Bangalore Page 2 of 2 appeal filed by the assessee. Accordingly it was prayed that appeal of the assessee may be adjourned.
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 Accordingly, we dismiss the appeal of the assessee as withdrawn.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.
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