M/S TYROLIT INDIA SUPERABRASIVE TOOLS PRIVATE LIMITED,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX (OSD) CIRCLE-7(1)(1), BANGALORE
What did the Tribunal hold?
The Tribunal noted that keeping the appeal pending would serve no purpose as the assessee had opted for the VSVS 2020 scheme. The appeal was dismissed as withdrawn.
What were the facts?
The assessee filed an appeal against an order of the CIT(A) for AY 2008-09. The assessee decided to opt for the VSVS 2020 scheme and filed Form 1. They sought an adjournment to file Form 3.
What were the issues?
Whether the appeal should be dismissed as withdrawn due to the assessee opting for a settlement scheme.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C’ BENCH : BANGALORE
Before: SHRI CHANDRA POOJARI & SMT. BEENA PILLAI
Date of Hearing : 10-11-2020 Date of Pronouncement : 10-11-2020 ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeal has been filed by assessee against order dated 29/12/2017 passed by Ld.CIT(A), Mysuru for assessment year 2008-09. 2. At the outset, Ld.AR orally submitted that assessee has decided to go in for VSVS 2020. It is also been submitted that assessee filed Form 1 in respect of these appeals. He however filed an adjournment application seeking date till that received Form 3.
Ld.Sr.DR submitted that the appeal may be dismiss as no purpose will be served by keeping the appeals pending.
We have perused submissions advances by both sides in light of records placed before us.
As assessee has sought for VSVS- scheme 2020, no purpose will be served in keeping the present appeal pending. Considering the situation, we dismiss the present appeal as withdrawn. However, liberty is granted to move appropriate application for recall of this order, in the event, assessee opts out of the scheme. Accordingly, assessee’s appeals for year under consideration is allowed to be withdrawn with liberty. In the result, assessee’s appeal is dismissed as withdrawn. Order pronounced in the open court on 10th Nov, 2020 Sd/- Sd/- (CHANDRA POOJARI) (BEENA PILLAI) Accountant Member Judicial Member Bangalore, Dated, the 10th Nov, 2020. /Vms/ Copy to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR, ITAT, Bangalore 6. Guard file By order
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