What did the Tribunal hold?

The Tribunal noted that the assessee is required to withdraw the pending appeal after filing the Vivad Se Vishwas application. Therefore, the appeal was dismissed as withdrawn.

The assessee opted to settle the dispute under the Direct Tax Vivad Se Vishwas Act. The assessee requested an adjournment to file the application.

What were the issues?

Whether the appeal should be kept pending or dismissed as withdrawn when the assessee has opted for settlement under the Vivad Se Vishwas Act.

Firstsource Process Management… vs DCIT | ITAT Bangalore 2020

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

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

Hearing: 14.12.2020

O R D E R

Per George George K, JM

This appeal at the instance of the assessee is directed against CIT(A)’s order dated 20.12.2016. The relevant assessment year is 2012-2013.

At the time of hearing before us, the learned Counsel for the assessee has furnished a letter dated 10th December, 2020, wherein it is stated that the assessee has opted for filing the application under Direct Tax Vivad Se Vishwas Act, for settlement of the dispute, and accordingly, he prayed that the appeal may be adjourned.

The learned Departmental Representative, however, submitted that the assessee has to withdraw the pending appeal after filing Form VSV1 as per 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

M/s.Firstsource Process Man.Ser.Ltd. by the tax official to the to the Department. She submitted that Form No.3 shall be issued to the assessee in due course and accordingly he submitted that the appeal of the assessee may be dismissed as withdrawn, as the assessee in any case is required to withdraw the appeal. The learned DR further submitted that in these types of cases, the Tribunal is giving liberty to seek recall of the order if the appeal is dismissed by the Bench.

We have heard the rival submissions and perused the material on record. The submissions made by the learned DR is considered. Since the assessee has opted for filing the application under Direct Tax Vivad Se Vishwas Act for settlement of the dispute, the assessee would be moving application for withdrawing the present appeal filed before the Tribunal in due course. Hence, 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. Since we have dismissed the appeal, the assessee is at 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 filed by the assessee is dismissed, as withdrawn. Order pronounced on this 14th day of December, 2020. Sd/- Sd/- (B.R.Baskaran) (George George K) ACCOUNTANT MEMBER JUDICIAL MEMBER Bangalore; Dated : 14th December, 2020. Devadas G*

M/s.Firstsource Process Man.Ser.Ltd.

FIRSTSOURCE PROCESS MANAGEMENT SERVICES LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1(1)(1), BANGALORE

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

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