M/S. EUROFINS ADVINUS LIMITED (FORMERLY ADVINUS THERAPEUTICS LIMITED),BENGALURU vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 6(1)(2), BANGALORE

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ITA 2497/BANG/2019Status: DisposedITAT Bangalore06 October 2020AY 2008-093 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that no purpose would be served in keeping the appeal pending as the assessee had opted for the Vivad se Vishwas Scheme. The appeal was dismissed as withdrawn with liberty to move for recall if the Form 1 filed by the assessee was not accepted by the revenue.

What were the facts?

The assessee filed an appeal against an order of the CIT(A). Subsequently, the assessee opted for the Vivad se Vishwas Scheme, 2020, and sought withdrawal of the appeal. The Revenue did not object to this request.

What were the issues?

The primary issue was whether the appeal should be withdrawn due to the assessee's participation in the Vivad se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH : BANGALORE

Before: SHRI. B. R. BASKARAN & SMT. BEENA PILLAI

For Appellant: Shri S Sundar Rajan, Addl. CIT
For Respondent: Shri S Sundar Rajan, Addl. CIT

ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeal has been filed by assessee against order dated 25/09/2019 passed by Ld.CIT(A)-3, Bangaluru for assessment year 2016-17. 2. A letter has been filed with registry on 8/6/2020 stating that assessee has opted for Vivad se Vishwas Scheme, 2020. It has been submitted that assessee seeks withdrawal of the appeal.

3.

Ld.Sr.DR do not object to the same.

4.

We have perused submissions advances by both sides in light of records placed before us.

5.

As assessee has sought for VSVS- scheme 2020, no purpose will be served in keeping the present appeal pending. We note that assessee has yet not received Form 3 from the department. Considering the situation, we dismiss the present appeal as withdrawn. However, liberty is granted to move appropriate application for recall of this order, in the event, Form 1 filed by assessee is not accepted by revenue. In the result, with above liberty, we dismiss present appeal as withdrawn. Order pronounced in the open court on 6th Oct, 2020

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