MR.HAJIVALI MOHD EBRAHIM,BANGALORE vs. INCOME TAX OFFICER WARD-6(2)(4), BANGALORE
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal dismissed the appeals as withdrawn, granting the assessees liberty to approach the Tribunal for recall of the order if they opt out of the Vivad Se Viswas scheme or face issues with it.
What were the facts?
The assessees wished to avail the benefit of the Vivad Se Viswas Act, 2020, and requested the appeals be kept in abeyance. The Tribunal noted its consistent view that such appeals should be dismissed as withdrawn with liberty to recall.
What were the issues?
Whether appeals should be kept pending for Vivad Se Viswas scheme or dismissed as withdrawn with liberty to recall.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH : BANGALORE
Before: SHRI N. V. VASUDEVAN & SHRI A. K. GARODIA
Heard together (3 matters)
Read from the judgment's own cause title. This page is filed under one of them.
PER ARUN KUMAR GARODIA, A. M.: These three appeals are filed by three different but connected assessees and the same are directed against three separate orders of CIT (A) – 6 all dated 29.03.2019. All these appeals were heard together and are being disposed of by this common order for the sake of convenience.
In course of hearing, learned AR of the assessee submitted that these assessees want to avail benefit of Vivad Se Viswas Act 2020 for these three appeals and therefore, these appeals may be kept in abeyance. At this juncture, the bench pointed out that this bench is taking a consistent view that under these facts, no purpose will be served by keeping such appeals pending and therefore, such appeals are being dismissed as withdrawn and liberty is being granted to the assessee to approach this tribunal for recall of this order u/s 254 (2) of I T Act in case the assessee does not finally opt for this scheme or opts out of that scheme for any reason or there is any problem under that Act. In reply, learned AR of the assessee submitted that if such liberty is granted then he has no objection to dismissal of these appeals as withdrawn with such liberty.
Learned DR of the revenue had no objection about this proposition put forward by the bench. Hence, we dismiss these three appeals as withdrawn and grant liberty to the assessee to approach this tribunal for recall of this order u/s 254 (2) of I T Act in case the assessee at some stage before completion of the formalities under that Act decides to opt out of that scheme under Vivad Se Viswas Act or there is any problem under that Act.
In the result, these three appeals of the assessee are dismissed.
Pronounced in the open court on the date mentioned on the caption page.
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