SRI. NITYANAND M. SHET,LAXMESHWAR vs. THE INCOME TAX OFFICER WARD -1, GADAG

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ITA 1443/BANG/2019Status: DisposedITAT Bangalore25 September 2020AY 2014-152 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The Tribunal dismissed the appeal as withdrawn, granting the assessee liberty to seek recall of the order if they opt out of the Vivad Se Vishwas Scheme.

What were the facts?

The assessee filed an appeal against the CIT(A) order. During the hearing, the assessee expressed an intention to opt for the Vivad Se Vishwas Scheme, 2020.

What were the issues?

The primary issue was how to proceed with the appeal given the assessee's intention to opt for the Vivad Se Vishwas Scheme.

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, “B” BENCH : BANGALORE

Before: SHRI. A. K. GARODIA & SHRI. GEORGE GEORGE K

For Appellant: Shri. B. S. Balachandran, Advocate
For Respondent: Shri. Priyadarshi Mishra, JCIT (DR)(ITAT), Bengaluru
Hearing: 23.09.2020Pronounced: 25.09.2020

O R D E R

Per A. K. Garodia, Accountant Member:

1.

This appeal is filed by the assessee and the same is directed against the order of CIT (A), Hubballi dated 29.03.2019.

2.

Learned AR of the assessee has moved an application on 23.09.2020 in which it is stated that the assessee is opting for Vivad Se Vishwas Scheme, 2020. In the course of hearing, it was the proposition put forward by the Bench that under these facts, the appeal of the assessee may be dismissed as withdrawn and liberty may be granted to the assessee to approach this Tribunal for recall of this order under section 254(2) of the Act in case the assessee finally opts out of Vivad Se Vishwas Scheme, 2020. In reply, it was submitted by learned AR of the assessee that if the liberty is granted to the assessee, then he has no objection about dismissal of the appeal as withdrawn. Learned DR of the Revenue also agreed to this proposition put forward by the Bench.

3.

In view of above discussion, we dismiss this appeal as withdrawn and grant liberty to the assessee to approach this Tribunal for recall of this Tribunal order under section 254(2) of the Act in case, the assessee finally opts out of Vivad Se Vishwas Scheme, 2020 for any reason.

4.

In the result, assessee’s appeal is dismissed.

Pronounced in the open court on the date mentioned on the caption page.

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