UNITED SPIRITS LIMITED,BANGALORE vs. DCIT, BANGALORE

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ITA 194/BANG/2012Status: DisposedITAT Bangalore23 November 2020AY 1998-993 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The Tribunal agreed with the parties to dismiss the appeals as withdrawn, with liberty to seek recall if Form 3 is not received or for other reasons under the scheme.

What were the facts?

The Revenue and the Assessee filed cross-appeals before the ITAT. During the hearing, the assessee stated they had filed a declaration under the Vivad Se Vishwas Scheme and were awaiting Form 3.

What were the issues?

The primary issue was the pendency of appeals before the ITAT while the assessee opted for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Vivad Se Vishwas Scheme Act, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH : BANGALORE

Before: SHRI N.V. VASUDEVAN & SHRI CHANDRA POOJARI

For Appellant: Shri Padamchand Khincha, CA
For Respondent: Shri Muzaffar Hussain, CIT(DR), ITAT, Bengaluru, Shri Padamchand Khincha, CA
Hearing: 23.11.2020Pronounced: 23.11.2020

Per Bench These are cross appeals by the revenue and the assessee against the order of the CIT(Appeals)-XL, Kolkata dated 18.7.2008 for the AY 1998-99 and the order dated 18.11.2011 of the CIT(Appeals)-II, Bangalore for the AY 2001-02.

2.

At the time of hearing of these appeals, the ld. counsel for the assessee submitted that the assessee has filed necessary declaration under the Vivad Se Vishwas Scheme Act, 2020 [VSVS] and that issue of Form 3 is awaited in respect of the appeals of both the assessee and the revenue.

3.

The Bench pointed out that the Bangalore Benches in such cases is dismissing the appeal as withdrawn, with liberty to seek recall of the order, to which both the parties agreed. Accordingly, all the appeals are dismissed as withdrawn. However, the parties are at liberty to seek recall of this order in the event of non-receipt of Form No.3, or for any such reason under the VSVS.

4.

In the result, the appeal by the assessee as well as the revenue are dismissed as withdrawn.

Pronounced in the open court on this 23rd day of November, 2020.

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