What did the Tribunal hold?

The Tribunal noted that the assessee had opted for the Vivad Se Vishwas scheme and would withdraw the appeal. Therefore, no purpose would be served in keeping the appeal pending.

The assessee filed an appeal before the ITAT. During the pendency of the appeal, the assessee filed an application under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the appeal should be kept pending or dismissed as withdrawn, given the assessee's participation in the Vivad Se Vishwas scheme.

Sri. Korangrapady Prakash Shetty vs ACIT | ITAT Bangalore 2020

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

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

For Appellant: Shri V. Srinivasan, A.R

For Respondent: Shri Priyadarshi Mishra, D.R

Hearing: 23.11.2020Pronounced: 23.11.2020

PER CHANDRA POOJARI, ACCOUNTANT MEMBER:

This appeal filed by the assessee is directed against the order of CIT(A)-2, Bengaluru dated 22.4.2019 for the assessment year 2014-15.

At the time of hearing, the Ld A.R submitted that the assessee has filed application under the Direct Tax Vivad Se Vishwas Act, 2020 and is waiting for the certificate in Form No.3 from the Pr. CIT. Accordingly the Ld A.R submitted that the matter may be kept pending.

Sri Korangrapady Prakash Shetty, Bengaluru 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. He submitted that the Form no.3 shall be issued to the assessee in due course and accordingly he submitted that the appeal of the assessee may be dismissed as withdrawn, as the assessee, in any way, is required to withdraw the appeal.

We heard the parties and perused the record. Since the assessee has opted for Vivad Se Vishwas Scheme, 2020, the appellant would be moving application for withdrawing the present appeal filed before the Tribunal in due course. Since the assessee has already filed the necessary application before the tax authorities under the above said scheme, 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 Accordingly, we dismiss the appeal of the assessee as withdrawn.

In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 23rd Nov, 2020

Sd/- Sd/- (N.V. Vasudevan) (Chandra Poojari) Vice President Accountant Member Bangalore, Dated 23rd Nov, 2020. VG/SPS

Sri Korangrapady Prakash Shetty, Bengaluru

SRI. KORANGRAPADY PRAKASH SHETTY,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 1(2)(1), BANGALORE

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