M/S. MANTRI DWELLINGS PRIVATE LIMITED,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, TDS CIRCLE- 2(1), BANGALORE

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ITA 2073/BANG/2019Status: DisposedITAT Bangalore03 November 2020AY 2017-183 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 in due course. Therefore, keeping the appeal pending would serve no purpose.

What were the facts?

The assessee filed an appeal before the ITAT and subsequently filed an application under the Direct Tax Vivad Se Vishwas Act for settlement of the dispute. The assessee requested an adjournment of the appeal pending the settlement process.

What were the issues?

Whether the appeal should be adjourned or dismissed as withdrawn given the assessee's application under the Vivad Se Vishwas Act.

Which sections of the Income-tax Act were involved?

Direct Tax Vivad Se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

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

Before: Shri N.V.Vasudevan, VP & Shri Chandra Poojari, AM

Hearing: 03.11.2020

O R D E R

Per Chandra Poojari, AM :

1.

This appeal at the instance of the assessee is directed against the order of the CIT(A) dated 26.07.2019. The relevant assessment year is 2017-2018.

2.

The assessee has furnished a letter dated 2nd 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.

The learned Departmental Representative, however, submitted that the assessee has to withdraw the pending appeals 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

M/s.Mantri Dwellings Pvt.Ltd. by the tax official to the to the Department. He submitted that 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issued to the assessee in due course and accordingly he submitted that the appeal of the assessee may be dismissed as withdrawn, as the assessee in any is required to withdraw the appeal. The learned DR further submitted that in this type of cases, the Tribunal is giving liberty to seek recall of the order if the appeal is dismissed by the Bench.

4.

We have heard the rival submissions and perused the material on record. The submissions made by the learned DR is considered. Since the assessee has already 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 M/s.Mantri Dwellings Pvt.Ltd. 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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