What did the Tribunal hold?

The Tribunal noted that the assessee had opted for the Vivad Se Vishwas Act to settle the dispute. Therefore, keeping the appeal pending would serve no purpose.

The Revenue filed an appeal against the assessment order for AY 2010-11. The assessee had opted to file an application under the Vivad Se Vishwas Act, 2020, to settle the dispute.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for settlement under the Vivad Se Vishwas Act.

DCIT vs M/S Invitrogen Bioservices India… | ITAT Bangalore 2020

Income Tax Appellate Tribunal, BANGALORE BENCH ‘A’ : BANGALORE

Before: SHRI CHANDRA POOJARI & SMT. BEENA PILLAIShri Manju L Prasad,Advocate.

For Appellant: Ms. Neera Malhotra,CIT (D.R)

For Respondent: Shri Manju L Prasad,Advocate

Hearing: 10.12.2020

O R D E R PER SHRI CHANDRA POOJARI, A.M. : This appeal filed by the revenue is directed against the assessment order dt.18.12.2014 passed by Dy.CIT, Circle 3(1)(1), Bangalore for the Assessment Year 2010-11. The revenue is aggrieved by the decision of the Dy.CIT.

At the outset, the learned Authorised Representative submitted that the assessee has opted to file an application under the Vivad Se Vishwas Act, 2020. Accordingly, ld. AR submitted that the Revenue’s appeal may be dismissed with the liberty to move appropriate application for recall of the present order in accordance with law, if the Department intended to do so.

2 IT(TP)A No.162/Bang/2015 3. On the other hand, the learned Departmental Representative submitted that the assessee could initiate to withdraw the pending appeal after filing the 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 by the tax official to the department. Ld. DR submitted that the Form No.3 shall be issued to the assessee in due course and accordingly he submitted that the appeal of the Revenue may be dismissed as withdrawn, if the assessee comply the requirement.

We have heard both the parties and perused the material on record. Since the assessee opted for Vivad Se Vishwas Act, 2020, to settle the dispute on the issue involved in this appeal. We are of the view that no purpose will be served in keeping the appeal pending. Accordingly, we dismiss the appeal of the revenue as withdrawn. Further the Department is at liberty to move appropriate application for recall of the present order in accordance with the law, if the revenue intends to do so.

In the result, the appeal of the Revenue is dismissed as withdrawn. Pronounced in the open court on the date mentioned on the caption page. Sd/- Sd/- (SMT. BEENA PILLAI) (CHANDRA POOJARI) JUDICIAL MEMBER ACCOU NTANT MEMBER Dated: 10.12.2020. *Reddy GP

3 IT(TP)A No.162/Bang/2015 Copy to

DCIT, BANGALORE vs. M/S INVITROGEN BIOSERVICES INDIA PVT. LTD., BANGALORE

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

Recent GST High Court judgments