HARMAN CONNECTED SERVICES CORPORATION INDIA PVT LTD,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(2), BENGALURU

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ITA 2825/BANG/2017Status: DisposedITAT Bangalore02 December 2020AY 2013-143 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

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The Tribunal dismissed the appeal as withdrawn, acknowledging the assessee's intention to settle the dispute under the Vivad Se Vishwas Act. Liberty was granted to the assessee 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, 2020, and filed the prescribed forms. The assessee sought an adjournment pending the finalization of the settlement process.

What were the issues?

Whether the appeal should be adjourned or dismissed in light of the assessee opting for settlement under the Vivad Se Vishwas Act.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C’’ BENCH: BANGALORE

Before: SHRI N.V. VASUDEVAN & SHRI B.R. BASKARAN

For Appellant: Shri Dhiraj R., A.R
For Respondent: Shri Pradeep Kumar, D.R
Hearing: 02.12.2020Pronounced: 02.12.2020

PER B.R. BASKARAN, ACCOUNTANT MEMBER:

1.

The assessee has filed this appeal challenging the assessment order dated 19-10-2017 passed by the AO for assessment year 2013- 14 u/s 143(3) r.w.s. 144C of the Act, in pursuance of directions issued by Ld Dispute Resolution Panel.

2.

The Ld Counsel appearing for the assessee submitted that the assessee has opted to settle the dispute under Direct Tax Vivad Se Vishwas Act for settlement of the dispute filed the prescribed Forms

ITA(TP)A No.2825/Bang/2017 M/s. Harman Connected Service Corpn. India Pvt. Ltd., Bangalore Page 2 of 3 1 & 2. He submitted that the assessee is awaiting for Form No.3. Accordingly, the Ld A.R sought adjournment of the case.

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 Accordingly the Ld D.R submitted that the appeal of the assessee may be dismissed as withdrawn, as the assessee, in any way, is required to withdraw the appeal.

4.

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.

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, the appellant 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. 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.

ITA(TP)A No.2825/Bang/2017 M/s. Harman Connected Service Corpn. India Pvt. Ltd., Bangalore Page 3 of 3 6. In the result, the appeal of the assessee is dismissed as withdrawn. Pronounced in the open Court on 02-12-2020

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