M/S INGERSOLL RAK (INDIA) LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(1), BENGALURU
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The tribunal dismissed the appeal as withdrawn, acknowledging the assessee's intention to settle the dispute under the Vivad Se Vishwas Act. The assessee was granted liberty to seek recall of the order if necessary.
What were the facts?
The assessee opted to settle the dispute under the Direct Tax Vivad Se Vishwas Act. The assessee informed the tribunal that they were in the process of filing the relevant forms for settlement. The revenue requested the appeal be dismissed as withdrawn.
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Whether the appeal should be dismissed as withdrawn due to the assessee opting for settlement under the Vivad Se Vishwas Act. The procedural requirement for withdrawal of pending appeals.
Which sections of the Income-tax Act were involved?
Direct Tax Vivad Se Vishwas Act, 2020
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C’’ BENCH: BANGALORE
Before: SHRI GEORGE GEORGE K. & SHRI B.R. BASKARAN
PER B.R. BASKARAN, ACCOUNTANT MEMBER:
The assessee has filed this appeal challenging the assessment order passed by AO for the assessment year 2013-14 in pursuance of directions given by Ld Dispute Resolution Panel (DRP).
The Ld Counsel appearing for the assessee submitted a letter dated 04-12-2020 written by the assessee, wherein it is stated that the assessee has opted to settle the dispute under Direct Tax Vivad Se Vishwas Act for settlement of the dispute and it is in the process of filing relevant forms.
M/s. Ingersoll Rand (India) Ltd., Bangalore Page 2 of 3 3. The Ld D.R, 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 by the tax official to the department. Accordingly she submitted that the appeal of the assessee may be dismissed as withdrawn, as the assessee, in any way, is required to withdraw the appeal.
The Ld A.R, in the rejoinder, submitted that the assessee should be given liberty to seek recall of the order, if the appeal is dismissed by the bench and 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, the appellant would be moving application for withdrawing the present appeal filed before the Tribunal in due course. The Ld A.R submitted that the assessee would be filing necessary applications before the tax authorities under the above said Act within few days. 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. 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 07-12-2020
Sd/- Sd/- (George George K.) (B.R. Baskaran) Judicial Member Accountant Member Bangalore, Dated 7th Dec, 2020. VG/SPS
M/s. Ingersoll Rand (India) Ltd., Bangalore
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