M/S ZUMAN EXPORTS PVT LTD,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

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ITA 1400/BANG/2018Status: DisposedITAT Bangalore18 November 2020AY 2007-083 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 filed an application under the Vivad Se Vishwas Act and would withdraw the appeal. Therefore, the Tribunal dismissed the appeal as withdrawn.

What were the facts?

The assessee filed an appeal before the ITAT for AY 2007-08. The assessee later filed an application under the Direct Tax Vivad Se Vishwas Act for dispute settlement. The Revenue did not appear for the hearing.

What were the issues?

Whether an appeal should be kept pending when the assessee has opted for settlement under the Vivad Se Vishwas Act.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BANGALORE BENCHES “A”, BANGALORE

Before: Shri Chandra Poojari, AM & Smt.Beena Pillai, JM

Hearing: 17.11.2020

O R D E R

Per Chandra Poojari, AM :

1.

This appeal at the instance of the assessee is directed against CIT(A)’s order dated 29.12.2017. The relevant assessment year is 2007-2008.

2.

The assessee has furnished a letter dated 17th November, 2020, wherein it is stated that the assessee has filed application under Direct Tax Vivad Se Vishwas Act for settlement of the dispute and Form No.3 is awaited. Accordingly, the assessee has prayed that the appeal may be adjourned.

3.

None appeared on behalf of the Revenue. Therefore, we proceed to dispose of this appeal on merits, after hearing the learned Counsel for the assessee.

4.

We have heard the learned Counsel for the assessee and perused the material on record. Since the assessee has already

M/s.Zuman Exports Pvt.Ltd. filed applications under Direct Tax Vivad Se Vishwas Act, 2020, the assessee would be moving application for withdrawing the present appeal filed before the Tribunal in due course. Since the assessee has already filed the necessary applications before the tax authorities under the above said Act, 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 Accordingly, we dismiss the appeal of the assessee as withdrawn.

5.

The learned AR has stated that he has not received From No.3, in which the tax amount to be paid by the assessee shall be intimated by the Department and the process will be completed upon receipt of Form No.3, meaning thereby, the assessee wants to make sure that the tax liability mentioned by him in Form No.1 should get confirmed by the Revenue. Under these set of facts, since we have dismissed the appeal, 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.

6.

In the result, the appeal filed by the assessee is dismissed, as withdrawn.

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