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Income Tax Appellate Tribunal, BANGALORE BENCHES “C”, BANGALORE
Before: Shri George George K, JM & Shri B.R.Baskaran, AM
Per B.R.Baskaran, AM :
The assessee has filed this appeal challenging the order dated 02-08- 2019 passed by Ld CIT(A)-12, Bengaluru and it relates to the assessment year 2010-11.
The Ld Counsel for the assessee has furnished a letter stating that the assessee has opted to settle the dispute under Direct Tax Vivad Se Vishwas Act for settlement of the dispute. During the course of hearing, the Ld A.R informed that the assessee has already filed Form No.1 & 2. Accordingly, he submitted that the appeal may be adjourned. 3. The Ld D.R, however, submitted that the appeal of the assessee may be dismissed as withdrawn, since the assessee would be withdrawing appeal. She submitted that the Tribunal is dismissing the appeal in such kind of situations.
2 IT(IT)A No.2204/Bang/2019 4. The Ld A.R submitted that, if the appeal is dismissed, then the assessee may be given liberty to seek recall of the order, if something goes wrong.
We heard the parties and perused the record. Since the assessee has opted to settle the dispute under Direct Tax Vivad Se Vishwas Act, 2020, we are of the view that no purpose will be served in keeping this appeal pending. Accordingly we dismiss the appeal of the assessee as withdrawn. However, the assessee is given liberty to move appropriate application for recall of the present order in accordance with the law, if the assessee intends to do so.
In the result, the appeal of the assessee is dismissed as withdrawn. Pronounced in the open Court on 15-12-2020