ASST.C.I.T., BANGALORE vs. M/S EADS INDIA PRIVATE LIMITED, BANGALORE

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ITA 212/BANG/2016Status: DisposedITAT Bangalore23 December 2020AY 2011-123 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 noted that the assessee had opted for the Vivad Se Vishwas Act to settle the disputes. Therefore, keeping the appeals pending would serve no purpose.

What were the facts?

The revenue filed appeals against the orders of the CIT(A) and DRP for assessment years 2008-09 and 2011-12. The assessee expressed its intention to settle the disputes under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the pending appeals should be dismissed as withdrawn since the assessee has opted for settlement under the Vivad Se Vishwas Act.

Which sections of the Income-tax Act were involved?

Direct Tax Vivad Se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

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

Before: SHRI N.V. VASUDEVAN & SHRI CHANDRA POOJARI

For Appellant: Shri K.R. Vasudevan, A.R
For Respondent: Shri Pradeep Kumar, D.R
Hearing: 23.12.2020Pronounced: 23.12.2020

PER CHANDRA POOJARI, ACCOUNTANT MEMBER:

1.

The revenue has filed these appeals challenging the orders dated 22.01.2014 passed by Ld CIT(A)-XX, New Delhi and dated 20.11.2015 passed by I.T. Department, DRP-1 Bangalore and the appeals relate to the assessment years 2008-09 & 2011-12.

2.

The Ld. A.R. submitted that assessee wants to settle the dispute under Direct Tax Vivad Se Vishwas Act for settlement of the dispute by filing Form No.1 & 2 and awaiting for Form No.3.

3.

The Ld D.R, submitted that the assessee has to withdraw the pending appeals after filing Form VSV1 as per Direct Tax Vivad Se Vishwas Act, 2020. Thereafter, the assessee is required to furnish a copy of the same along with the proof of payment of tax as determined by the tax official to the department. Accordingly he submitted that the appeals may be dismissed as withdrawn, as the assessee, in any way, is required to settle the dispute in the appeals. He submitted that the Bangalore bench of Tribunal is giving liberty to the revenue/assessee to seek recall of the order, if so warranted.

4.

We heard the parties and perused the record. Since the assessee has opted for Vivad Se Vishwas Act, 2020, to settle the dispute on the issue involved in these appeals, we are of the view that no purpose will be served in keeping the appeals pending. Accordingly, we dismiss the appeals of the revenue as withdrawn. Further the Department is at liberty to move appropriate application for recall of the present order in accordance with the law, if the revenue intends to do so.

IT(TP)A Nos.2230/Del/2014 & IT(TP)A No.212/Bang/2016 EADS India Pvt. Ltd. (Now known as Airbus Group India Pvt. Ltd., Bangalore) Page 3 of 3 5. In the result, the appeals of the revenue are dismissed as withdrawn.

Order pronounced in the open court on 23rd Dec, 2020.

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