SMT. BHAWARI BAI SURANA L/R OF LATE SRI. GHEWARCHAND SURANA,,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 1(2)(1), BANGALORE

These assessees have filed appeals challenging the orders passed by Ld CIT(A)-3, Bengaluru in their respective hands for assessment year 2008-09.

The authorised representative of these assessees has furnished letters dated 28th day of September, 2020, wherein it is stated that these assessees have filed applications in Form 1 and Form 2 under Direct Tax Vivad Se Vishwas Act, 2020 for settlement of the dispute for the above said year. Accordingly, the Ld A.R has sought adjournment of the appeals.

The Ld D.R, however, submitted that these assessees have to withdraw the pending appeals after filing Form VSV1 as per Vivad Se Vishwas Act, 2020. Thereafter, these assessees are 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. She submitted that the Form no.3 shall be issued to the assessee in due course and accordingly she submitted that these appeals of the assessee may be dismissed as withdrawn, as the assessees, in any way, are required to withdraw the appeals.

The Ld A.R appearing for the assessee, in the rejoinder, submitted that the assessees should be given liberty to seek recall of the order, if the appeals are dismissed by the bench.

We heard the parties and perused the record. Since the assessees have already filed applications in Form 1 and Form 2 under Direct Tax Vivad Se Vishwas Act, 2020, the appellants would be Page 3 of 4 moving application for withdrawing the present appeals filed before the Tribunal in due course. Since the assessees have already filed necessary applications before the tax authorities under the above said Act, we are of the view that no purpose will be served in keeping these appeals pending. Accordingly we dismiss the appeal of both the assessees as withdrawn.

The Ld A.R has stated that he has not received Form no.3, in which the tax amount to be paid by the assessee shall be intimated by the department and the process will be completed upon receipt of Form no.3, meaning thereby, the assessees want to make sure that the tax liability mentioned by him in Form no.1 should get confirmed by the revenue. Under these set of facts, since we have dismissed the appeals, both the assessees are given liberty to move appropriate applications for recall of the present order in accordance with the law, if the assessees intend to do so.

In the result, the appeals of both the assessees are dismissed as withdrawn. Order pronounced in the open court on 29th Sept, 2020.