M/S. LSI INDIA RESEARCH & DEVELOPMENT PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 4(1)(1), BANGALORE

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ITA 107/BANG/2020Status: DisposedITAT Bangalore23 December 2020AY 2015-163 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The Tribunal agreed to dismiss the appeals as withdrawn, granting the assessee liberty to seek recall of the order if the Vivad Se Vishwas Scheme settlement fails.

What were the facts?

The assessee filed appeals against assessment orders for AY 2013-14 and 2015-16. The assessee decided to opt for the Vivad Se Vishwas Scheme, 2020 to settle the disputes.

What were the issues?

Whether the appeals should be dismissed as withdrawn in light of the assessee opting for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144,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. Tanmayee Rajkumar, Advocate
For Respondent: Shri. Pradeep Kumar, CIT (DR)(ITAT), Bengaluru
Hearing: 23.12.2020Pronounced: 23.12.2020

O R D E R

Per N. V. Vasudevan, Vice President IT(TP)A No.2200/Bang/2017 is an appeal filed by the assessee against the order dated 10.10.2017 of the DCIT, Circle - 4(1)(1), Bengaluru, passed under section 143(3) r.w.s. 144 of the Income Tax Act, 1961 (hereinafter called ‘the Act’), in relation to Assessment Year 2013-14.

2.

IT(TP)A No.107/Bang/2020 is an appeal by the assessee against the final Assessment Order dated 31.10.2019 by DCIT, Circle - 4(1)(1), Bengaluru, in relation to Assessment Year 2015-16.

IT(TP)A Nos.2200/Bang/2017 and 107/Bang/2020 Page 2 of 3

3.

Learned Counsel for the assessee submitted that the assessee has decided to opt for Vivad Se Vishwas Scheme, 2020 and settle the dispute in this appeal. She prayed that the necessary Forms will be filed in due course. In the course of hearing, it was the proposition put forward by the Bench that under these facts, the appeals of the assessee may be dismissed and withdrawn and liberty may be granted to the assessee to approach this Tribunal for recall of this order under section 254(2) of the Act in case the assessee finally opts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 appeals as withdrawn. Learned DR of the Revenue also agreed to this proposition put forward by the Bench.

4.

The appeals are 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 appeals are dismissed.

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

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