THYAGARAJAN RAJKUMAR,BANGALORE vs. DCIT, BANGALORE

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ITA 138/BANG/2016Status: DisposedITAT Bangalore30 December 2020AY 2011-123 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 noted that the assessee had opted for settlement under the Vivad Se Vishwas Act and would withdraw the appeal in due course. Therefore, keeping the appeal pending served no purpose.

What were the facts?

The assessee filed an appeal before the ITAT. The assessee also opted to settle the dispute under the Direct Taxes Vivad Se Vishwas Act, 2020. The assessee's counsel sought an adjournment to complete the Vivad Se Vishwas process.

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Whether the appeal should be dismissed as withdrawn due to the assessee opting for settlement under the Vivad Se Vishwas Act.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 assessee sought liberty to recall the order if issues arose with the settlement.

Which sections of the Income-tax Act were involved?

Direct Taxes Vivad Se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

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

Before: SHRI GEORGE GEORGE K. & SHRI B.R. BASKARAN

For Appellant: Shri Tata Krishna & Shri Mahesh G., A.Rs
For Respondent: Shri Rajesh Kumar Jha, D.R
Hearing: 30.12.2020Pronounced: 30.12.2020

PER B.R. BASKARAN, ACCOUNTANT MEMBER:

1.

The assessee has filed this appeal challenging the order dated 30.11.2015 passed by Ld CIT(A)-7, Bengaluru and it relates to the assessment year 2011-12.

2.

The Ld A.R of the assessee has filed a letter stating that the assessee has opted to settle the dispute in its appeal as well as in the appeal filed by the revenue under Direct Taxes Vivad Se Vishwas Act, 2020. Accordingly, he has prayed for adjournment.

Shri Thyagarajan Rajkumar, 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 Accordingly he submitted that the appeals of the assessee may be dismissed as withdrawn, as the assessee, in any way, is required to withdraw the appeal.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 in case the appeal is dismissed, the assessee should be given liberty to seek recall of the order, if something goes wrong.

5.

We heard the parties and perused the record. The submissions made by parties are considered. Since the assessee has filed applications 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. Accordingly, 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 seeking 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. Order pronounced in the open court on 30th Dec, 2020 Sd/- Sd/- (George George K.) (B.R. Baskaran) Judicial Member Accountant Member Bangalore, Dated 30th Dec, 2020. VG/SPS

Shri Thyagarajan Rajkumar, Bangalore

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