M/S HILLTOP GRANITES PVT LTD,BANGALORE vs. INCOME TAX OFFICER WARD-3(1)(3), BANGALORE

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ITA 824/BANG/2017Status: DisposedITAT Bangalore14 September 2020AY 2012-132 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The tribunal dismissed the appeal as withdrawn. Liberty was granted to the assessee to approach the tribunal for recall of the order under Section 254(2) of the IT Act if they decided to opt out of the Vivad Se Viswas scheme.

What were the facts?

The assessee wished to avail the benefit of the Vivad Se Viswas Act, 2020. The assessee requested the ITAT to dismiss their appeal as withdrawn. The assessee also sought liberty to approach the tribunal for recall of the order if they opted out of the scheme.

What were the issues?

Whether the appeal should be dismissed as withdrawn to allow the assessee to avail the Vivad Se Viswas scheme. Whether liberty should be granted to recall the order if the scheme benefits are not availed.

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 Respondent: Dr. Shankar Prasad K., Addl. CIT DR
Hearing: 14.09.2020Pronounced: 14.09.2020

O R D E R PER ARUN KUMAR GARODIA, A. M.: This appeal is filed by the assessee and the same is directed against the order of learned CIT (A) – 3 Bengaluru dated 10.02.2017.

2.

In course of hearing, learned AR of the assessee submitted that the assessee wants to avail benefit of Vivad Se Viswas Act 2020 and therefore, this appeal may be dismissed as withdrawn. He submitted that a letter is filed by the assessee with the registry of the tribunal on 09.09.2020 in this regard. He also submitted that the tribunal should 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 does not finally opt for this scheme or opts out of that scheme for any reason or there is any problem under that Act.

3.

Learned DR of the revenue had no objection about this request of the assessee. Hence, we dismiss this appeal as withdrawn and grant liberty to the assessee to approach this tribunal for recall of this order u/s 254 (2) of I T Act in case the assessee at some stage before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, this appeal of the assessee is dismissed. Pronounced in the open court on the date mentioned on the caption page.

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