M/S. EYGBS (INDIA) LLP (EARLIER KNOWN AS EYGBS (INDIA) PRIVATE LIMITED AND SUCCESSOR TO EYME TECHNOLOGIES PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION, CIRCLE- 1(1), BENGALURU

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ITA 2204/BANG/2019Status: DisposedITAT Bangalore15 December 2020AY 2010-112 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The tribunal noted that no purpose would be served in keeping the appeal pending as the assessee had opted for settlement under the Vivad Se Vishwas Act. Therefore, the appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal before the ITAT challenging an order from the CIT(A). During the hearing, the assessee informed the tribunal that they had opted to settle the dispute under the Direct Tax Vivad Se Vishwas Act.

What were the issues?

The primary issue was whether the appeal should be kept pending when the assessee had opted for settlement under the Vivad Se Vishwas Act.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BANGALORE BENCHES “C”, BANGALORE

Before: Shri George George K, JM & Shri B.R.Baskaran, AM

Hearing: 15.12.2020

Per B.R.Baskaran, AM :

1.

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.

2.

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 The Ld D.R, however, submitted that the appeal of the assessee may be dismissed as withdrawn, since the assessee would be withdrawing appeal.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.

5.

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 Accordingly we dismiss the appeal of the assessee as withdrawn.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.

6.

In the result, the appeal of the assessee is dismissed as withdrawn. Pronounced in the open Court on 15-12-2020

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