K.S. ESHWARAPPA,SHIMOGA vs. DCIT, SHIMOGA

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ITA 1291/BANG/2016Status: DisposedITAT Bangalore07 October 2020AY 2007-083 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee had opted for the Vivad Se Vishwas scheme 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 The appeal was dismissed as withdrawn.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. The assessee subsequently opted for the Direct Tax Vivad Se Vishwas Act, 2020, and filed the necessary forms. The assessee requested an adjournment pending the issuance of Form 3 under the scheme.

What were the issues?

Whether an appeal should be kept pending when the assessee has opted for a settlement scheme and intends to withdraw the appeal.

Which sections of the Income-tax Act were involved?

The Direct Tax Vivad Se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH : BANGALORE

Before: SHRI N.V. VASUDEVAN & SHRI B.R.BASKARAN

For Appellant: Shri K. Mallaha Rao, Advocate
For Respondent: Smt. R. Premi, Jt.CIT(DR)(ITAT), Bengaluru
Hearing: 06.10.2020Pronounced: 07.10.2020

Per N.V. Vasudevan, Vice President

1.

The assessee has filed this appeal against the order dated 31.3.2016 of CITA(Appeals), Davangere, relating to assessment year 2007-08.

2.

The learned Counsel for the Assessee has filed a Memo dated 5.10.2020 wherein it has been mentioned that the appellant has filed Form 1 and 2 under The Direct Tax Vivad Se Vishwas Act 2020 with respect to above appeal and Form 3 is awaited. In the Memo there is a prayer for adjourning the matter and that once Form-3 is issued, the Assessee will be withdrawing the above appeal filed before the honourable Tribunal. Accordingly the assessee has prayed for adjournment of this appeal.

ITA 1291/Bang/2016 Page 2 of 3

3.

The Ld D.R, however, submitted that the assessee has to withdraw the pending appeals after filing Form VSV-1 as per Vivad Se Vishwas Scheme 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. She submitted that the Form no.3 shall be issued to the assessee in due course and accordingly she submitted that these appeals of the assessee may be dismissed as withdrawn, as the assessee, in any way, is required to withdraw the appeal.

4.

We heard Ld D.R and perused the record. Since the assessee has opted for Vivad Se Vishwas Scheme, 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 scheme, we are of the view that no purpose will be served in keeping this appeal pending. Accordingly we dismiss this appeal of the assessee as withdrawn.

5.

The assessee 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. Hence the assessee has sought adjournment till the time Form no.3 is received from the department, 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 appeals, 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.

ITA 1291/Bang/2016 Page 3 of 3

6.

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

Pronounced in the open court on this 7th day of October, 2020.

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