MADHU JAIN,BANGALORE vs. THE INCOME TAX OFFICER, WARD-3(2)(2), BANGALORE

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ITA 675/BANG/2019Status: DisposedITAT Bangalore21 October 2020AY 2014-153 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The Tribunal dismissed the appeal as withdrawn, granting the assessee liberty to seek recall of the order if they opt out of the Vivad Se Viswas scheme or encounter issues with it.

What were the facts?

The assessee wished to avail the benefit of the Vivad Se Viswas Act, 2020, and had filed initial forms. However, the process was not complete, and the assessee sought to keep the appeal in abeyance.

What were the issues?

Whether an appeal should be kept pending for availing the Vivad Se Viswas scheme or be dismissed with liberty to recall.

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, “C” BENCH : BANGALORE

Before: SHRI N. V. VASUDEVAN & SHRI A. K. GARODIA

For Appellant: Smt. Suman Lunkar, C. A. e
For Respondent: Smt. R. Premi, JCIT DR
Hearing: 21.10.2020Pronounced: 21.10.2020

Smt. Madhu Jain, N. 309, 9th F, Main Road, ITO Ward – 3 (2) (2), 11 Cross, Vijayanagar, Vs. Bengaluru Bangalore– 560040 PAN : ABKPJ5954F APPELLANT RESPONDENT Assessee by : Smt. Suman Lunkar, C. A. e Revenue by : Smt. R. Premi, JCIT DR Date of hearing : 21.10.2020 Date of Pronouncement : 21.10.2020 O R D E R PER ARUN KUMAR GARODIA, A. M.: This appeal is filed by the assessee and the is directed against the order of CIT (A) – 3 dated 18.03.2019.

2.

In course of hearing, learned AR of the assessee submitted that the assessee wants to avail benefit of Vivad Se Viswas Act 2020 for this year and therefore, the appeal may be kept in abeyance because although Form 1 % 2 are filed by the assessee under the said Act on 13.10.2020 but Form 3 is yet to be received. At this juncture, the bench pointed out that this bench is taking a consistent view that under these facts, no purpose will be served by keeping such appeals pending and therefore, such appeals are being dismissed as withdrawn and liberty is being granted to the assessee to approach this tribunal for recall of this order u/s 254 (2) of I T Act in case the assessee does not finally opt for this scheme or opts out of that scheme for any reason or there is any problem under that Act. In reply, learned AR of the assessee submitted that if such liberty is granted then he has no objection to dismissal of this appeal as withdrawn with such liberty.

3.

Learned DR of the revenue had no objection about this proposition put forward by the bench. Hence, we dismiss this appeal as withdrawn and grant liberty to the assessee to approach this tribunal for recall of this order u/s 254 (2) of I T Act in case the assessee at some stage before completion of the formalities under that Act decides to opt out of that scheme under Vivad Se Viswas Act or there is any problem under that Act.

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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