M/S. CRIYAGEN AGRI & BIOTECH PRIVATE LIMITED,BANGALORE vs THE COMMISSIONER OF INCOME TAX (APPEALS)- 2, BANGALORE

Income Tax Appellate Tribunal, “A’’ BENCH: BANGALORE

Before: SHRI GEORGE GEORGE K. & SHRI B.R. BASKARAN

For Appellant: Shri Deepesh Wagle, A.R

For Respondent: Shri Manjeet Singh, D.R

Hearing: 06.10.2020Pronounced: 06.10.2020

PER GEORGE GEORGE K., JUDICIAL MEMBER:

The assessee has filed this appeal challenging the order dated 17.7.2019 passed by the CIT(A)-2, Bengaluru for assessment year 2015-16 u/s 143(3) of the Income-tax Act,1961 ['the Act' for short].

The Ld. Counsel for the assessee on the date of hearing i.e. 6th October, 2020 stated that the assessee has filed application under Direct Tax Vivad Se Vishwas Act for settlement of the dispute and M/s. Criyagen Agri & Biotech Pvt. Ltd., Bangalore

Page 2 of 3 Form no.3 is awaited. The Learned A.R. submitted that the appeal may be dismissed as withdrawn, with a liberty to assessee to move appropriate application to recall the order, if so advised.

The Ld D.R. submitted that the assessee has to withdraw the pending appeals after filing Form VSV1 as per Vivad Se Vishwas Act, 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. He submitted that the Form no.3 shall be issued to the assessee in due course and accordingly he submitted that the appeal of the assessee may be dismissed as withdrawn, as the assessee, in any way, is required to withdraw the appeal. The Ld D.R further submitted that, in this type of cases, the Tribunal is giving liberty to seek recall of the order, if the appeal is dismissed by the bench.

We heard the parties and perused the record. Since the assessee has already filed applications under Direct Tax Vivad Se Vishwas Act, 2020, the assessee 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 Accordingly we dismiss the appeal of the assessee as withdrawn.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 assessee is M/s. Criyagen Agri & Biotech Pvt. Ltd., Bangalore Page 3 of 3 given liberty to move appropriate application for recall of the present order in accordance with the law, if the assessee intends to do so.

In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 6th Oct, 2020.

M/S. CRIYAGEN AGRI & BIOTECH PRIVATE LIMITED,BANGALORE vs. THE COMMISSIONER OF INCOME TAX (APPEALS)- 2, BANGALORE