AT & T CORP,UNITED STATES vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION), CIRCLE- 2(1), BANGALORE

The assessee has filed this appeal challenging the assessment order dated 22-07-2019 passed by the assessing officer for assessment year 2009-10 u/s 143(3) r.w.s. 144C(13) of the Income- tax Act,1961 ['the Act' for short] in pursuance of directions given by Ld Dispute Resolution Panel (DRP).

The Ld Counsel appearing for the assessee submitted that the assessee has filed application under Direct Tax Vivad Se Vishwas Act for settlement of the dispute and Form no.3 is awaited. Accordingly, the assessee has prayed that the appeal may be adjourned.

We heard the parties and perused the record. The submissions made by Ld D.R are considered. Since the assessee has already filed 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. Since the assessee has already filed the necessary applications before the tax authorities under the above said Act, we are of the view that no purpose will be served in keeping this appeal pending. Accordingly we dismiss the appeal of the assessee as withdrawn.

The Ld A.R has stated that he has not received Form no.3, in which the tax amount to be paid by the assessee shall be intimated by the department and the process will be completed upon receipt of Form no.3, meaning thereby, the assessee wants to make sure that the tax liability mentioned by him in Form no.1 should get confirmed by the revenue. Under these set of facts, since we have dismissed the appeal, 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.