SHIVA SAHAKARI BANK NIYAMIT,SHIMOGA vs. DIRECTOR OF INCOME TAX (INTELLIGENCE & CRIMINAL INVESTIGATION), BANGALORE

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ITA 1644/BANG/2019Status: DisposedITAT Bangalore23 October 2020AY 2013-144 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee opted for settlement under the Vivad Se Vishwas Act and would withdraw the appeal. Therefore, keeping the appeal pending would serve no purpose. The appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal before the ITAT. During the hearing, the assessee sought an adjournment as they intended to settle the dispute under the Direct Tax Vivad Se Vishwas Act. The Revenue requested the appeal be dismissed as withdrawn.

What were the issues?

Whether the appeal should be dismissed as withdrawn when the assessee opts for settlement under the Vivad Se Vishwas Act.

AI-generated summary — verify with the full judgment below

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

Before: SHRI B.R BASKARAN & SMT. BEENA PILLAI

For Appellant: Shri Priyadarshi Mishra, JCIT (DR)
For Respondent: Shri C Sandeep, C.A Assessee by : Shri Priyadarshi Mishra, JCIT (DR)
Hearing: 22.10.2020

O R D E R

Per B.R Baskaran, Accountant Member :

1.

1. The assessee has filed this appeal challenging the order dated 17-05-2019 passed by Ld CIT(A)-10, Bengaluru for assessment year 2013-14.

2.

The Counsel of the assessee has filed an application seeking adjournment of the case on the ground that the assessee is opting to settle the dispute under Direct Tax Vivad Se Vishwas Act. 3. The Ld D.R, 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 by the tax official to the department. Accordingly he submitted that the appeal of the assessee may be dismissed as withdrawn, as the assessee, in any way, is required to withdraw the appeal.

4.

The Ld A.R, in the rejoinder, submitted that the assessee shall be filing the forms under Direct Tax Vivas Se Vishwas Act. He submitted that, in case the appeal is dismissed, the assessee should be given liberty to seek recall of the order, if something goes wrong.

5.

We heard the parties and perused the record. The submissions made by parties are considered. Since the assessee has opted to file applications under Direct Tax Vivad Se Vishwas Act, 2020, the appellant would be moving application for withdrawing the present appeal filed before the Tribunal in due course. Accordingly, we are of the view that no purpose will be served in keeping these appeal pending. Accordingly we dismiss the appeal of the assessee as withdrawn. However, 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 of the assessee is dismissed as withdrawn. Order pronounced in the Open Court on Oct, 2020.

(Beena Pillai) (B.R Baskaran) Judicial Member Accountant Member Bangalore, Dated, Oct, 2020. / vms / Copy to:

1. 1. The Applicant 2. The Respondent 3. The CIT 4. The CIT(A) 5. The DR, ITAT, Bangalore.

6. Guard file By order

Asst. Registrar, ITAT, Bangalore.

1.

Date of Dictation ………………………………………

2. Date on which the typed draft is placed before the dictating Member …………………….

3.

Date on which the approved draft comes to Sr.P.S .……………………………. 4. Date on which the fair order is placed before the dictating Member ……………….. 5. Date on which the fair order comes back to the Sr. P.S. ………………….. 6. Date of uploading the order on website…………………………….. 7. If not uploaded, furnish the reason for doing so ………………………….. 8. Date on which the file goes to the Bench Clerk ………………….. Dictation note enclosed 9. Date on which order goes for Xerox & endorsement…………………………………… 10. Date on which the file goes to the Head Clerk ……………………. 11. The date on which the file goes to the Assistant Registrar for signature on the order ………………………………. 12. The date on which the file goes to dispatch section for dispatch of the Tribunal Order …………………………. 13. Date of Despatch of Order. ……………………………………………..

14.

Dictation note enclosed …………………………………………

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