SHRI. NAVEEN KUMAR GUPTA (HUF),MYSORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 1(1), MYSORE

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ITA 2377/BANG/2019Status: DisposedITAT Bangalore16 October 2020AY 2015-162 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The tribunal dismissed the assessee's appeal as withdrawn. Liberty was granted to the assessee to approach the tribunal for recall of the order if they finally opt out of the Vivad Se Vishwas Scheme.

What were the facts?

The assessee informed the tribunal that they were opting for the Vivad Se Vishwas Scheme, 2020. The tribunal proposed to dismiss the appeal as withdrawn, with liberty to recall the order if the assessee opts out of the scheme.

What were the issues?

The primary issue was how to proceed with the appeal given the assessee's intention to opt for the Vivad Se Vishwas Scheme.

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. Rajiv Nulvi, Advocate
For Respondent: Shri. Manjeet Singh, Addl. CIT (DR)(ITAT), Bengaluru
Hearing: 13.10.2020Pronounced: 16.10.2020

O R D E R

Per A. K. Garodia, Accountant Member:

1.

This appeal is filed by the assessee and the same are directed against the order of the learned CIT (A), Mysuru, dated 30.08.2019.

2.

Learned AR of the assessee stated that the assessee is opting for Vivad Se Vishwas Scheme, 2020. In the course of hearing, it was the proposition put forward by the Bench that under these facts, the appeals of the assessee may be dismissed as withdrawn and liberty may be granted to the assessee to approach this Tribunal for recall of this order under section 254(2) of the Act in case the assessee finally opts out of Vivad Se Vishwas Scheme, 2020. In reply, it was submitted by learned AR of the assessee that if such liberty is granted to the assessee, then he has no objection about dismissal of this appeals as withdrawn. Learned DR of the Revenue also agreed to this proposition put forward by the Bench.

3.

In view of above discussion, we dismiss this appeal as withdrawn and grant liberty to the assessee to approach this Tribunal for recall of this Tribunal order under section 254(2) of the Act in case the assessee finally opts out of Vivad Se Vishwas Scheme, 2020 for any reason.

4.

In the result, the appeal of the assessee is dismissed.

Pronounced in the open court on the date mentioned on the caption page.

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