PERMASTEELISA (INDIA) PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

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ITA 1071/BANG/2016Status: DisposedITAT Bangalore16 October 2020AY 2009-102 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The Tribunal dismissed the appeals as withdrawn, granting the assessee liberty to approach for recall of the order if they opt out of the Vivad Se Viswas scheme or face issues with it.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 assessee requested an adjournment to avail the benefit of the Vivad Se Viswas Act, 2020. The Tribunal pointed out that keeping the appeals pending would serve no purpose in such cases.

What were the issues?

Whether pending appeals should be kept alive when the assessee intends to opt for a settlement scheme like Vivad Se Viswas.

Which sections of the Income-tax Act were involved?

Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH : BANGALORE

Before: SHRI N. V. VASUDEVAN & SHRI. A. K. GARODIA

For Appellant: Shri. Keerthi Narayan, C. A
For Respondent: Shri. Manjeet Singh, Addl.CIT DR
Hearing: 14.10.2020Pronounced: 16.10.2020

O R D E R PER ARUN KUMAR GARODIA, A. M.: These two appeals are filed by the assessee and the same are directed against the order of CIT (A) – 5, Bengaluru dated 21.03.2016 for A. Y. 2009 – 10 and dated 23.03.2016 for A. Y. 2010 – 11.

2.

In course of hearing, learned AR of the assessee submitted that the assessee wants to avail benefit of Vivad Se Viswas Act 2020 and has requested for adjournment of the hearing of these two appeals. 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facts, no purpose will be served by keeping such appeals pending and therefore, such appeals are being dismissed as withdrawn and liberty is being granted to the assessee to approach this tribunal for recall of this order u/s 254 (2) of I T Act in case the assessee does not finally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AR of the assessee submitted that if such liberty is granted then he has no objection to dismissal of these appeals as withdrawn with such liberty.

3.

Learned DR of the revenue had no objection about this proposition put forward by the bench. Hence, we dismiss these two appeals as withdrawn and grant liberty to the assessee to approach this tribunal for recall of this order u/s 254 (2) of I T Act in case the assessee at some stage before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.

4.

In the result, both these appeals of the assessee are dismissed. Pronounced in the open court on the date mentioned on the caption page.

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