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

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ITA 2076/BANG/2019Status: DisposedITAT Bangalore03 November 2020AY 2017-182 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The Tribunal agreed to dismiss the appeal as withdrawn, as per the practice of the Bangalore Benches in such cases. The assessee was granted liberty to seek recall of the order if necessary.

What were the facts?

The assessee sought an adjournment in their appeal before the ITAT, Bangalore, as they had opted for the Vivad Se Vishwas Scheme. The department's Form 3 was still awaited.

What were the issues?

The primary issue was the appropriate course of action for an appeal when the assessee opts for the Vivad Se Vishwas Scheme while the appeal is pending.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH : BANGALORE

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

For Appellant: Shri V. Srinivasan, Advocate
For Respondent: Shri Kannan Narayanan, Jt.CIT(DR)(ITAT), Bengaluru
Hearing: 03.11.2020Pronounced: 03.11.2020

Per N.V. Vasudevan, Vice President

1.

This appeal by the assessee is directed against the order dated 26.7.2019 of CIT(Appeals), Bangalore-9, Bangalore relating to assessment year 2017-18.

2.

During the course of hearing of the appeal, the ld. counsel for the assessee sought adjournment on the ground that the assessee has opted for Vivad Se Vishwas Scheme Act (VSVS), 2020 by filing the applications in Form 1 & Form 2. Issue of Form 3 by the department is awaited. The Bench pointed out that the Bangalore Benches in such cases is dismissing the appeal as withdrawn, with liberty to seek recall of the order, to which the ld. counsel for the assessee agreed. Accordingly, the appeal is dismissed as withdrawn. However, the assessee is at liberty to seek recall of this order in the event of Form No.3, or for any such reason under the VSVS.

3.

In the result, the appeal is dismissed as withdrawn.

Pronounced in the open court on this 3rd day of November, 2020.

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