EYGBS (INDIA) LLP,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION, CIRCLE- 1(1), BENGALURU

PDF · subscribers
ITA 1777/BANG/2019Status: DisposedITAT Bangalore23 December 2020AY 2009-103 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal decided to dismiss the appeal as withdrawn, granting the assessee liberty to seek recall of the order if the Vivad Se Vishwas settlement was not finalized.

What were the facts?

The assessee opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020 and filed the necessary forms. The assessee requested to keep the proceedings in abeyance until Form 3 was received.

What were the issues?

Whether the appeal should be dismissed as withdrawn with liberty to seek recall, given the assessee's participation in the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 254(2)

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: Smt. Keerthi Narayan, CA
For Respondent: Smt. R. Premi, JCIT (DR)(ITAT), Bengaluru
Hearing: 23.12.2020Pronounced: 23.12.2020

O R D E R

Per N. V. Vasudevan, Vice President This appeal filed is by the assessee against the order dated 13.06.2019 of CIT(A)-12, Bangalore, in relation to Assessment Year 2009-10.

2.

The Learned AR of the assessee submitted that the assessee has opted to settle the dispute in this appeal under the direct tax Vivad Se Vishwas Scheme, 2020 and has filed Form Nos.1 and 2 and is awaiting to receive Form 3 from the Designated Authority. Learned Counsel for the assessee prayed for keeping the proceedings in abeyance till the assessee received Form 3.

IT(IT)A No.1777/Bang/2019 Page 2 of 3

3.

In the course of hearing, it was the proposition put forward by the Bench that under these facts, the appeal of the assessee may be dismissed and withdrawn and liberty may be granted to the assessee to approach this Tribunal for recall of this order under section 254(2) of the Act in case the assessee finally opts out of Vivad Se Vishwas Scheme, 2020. In reply, it was submitted by learned AR of the assessee that if the liberty is granted to the assessee, then we have no objection about dismissal of the appeal as withdrawn. Learned DR of the Revenue also agreed to this proposition put forward by the Bench.

4.

The appeal is accordingly dismissed as withdrawn. The assessee is however at liberty to seek recall of this order in the event of non-issue of Form-III or for other reasons the assessee is not able to settle the dispute under the Scheme.

5.

In the result, assessee’s appeal is dismissed.

Pronounced in the open court on the date mentioned on the caption page.

Recent GST High Court judgments

Search GST case law →