M/S. KAVITHA PAI PANEMANGALORE,BANGALORE vs. INCOME TAX OFFICER, WARD- 1(2)(4), BANGALORE

The assessee has filed this appeal challenging the order dated 25-01- 2019 passed by Ld CIT(A)-2, Bengaluru and it relates to the assessment year 2013-14. The grounds of appeal urged by the assessee show that she is aggrieved by the decision of Ld CIT(A) in confirming rejection of claim of set off of long term capital loss against house property income and also confirming the disallowance made u/s 14A of the Act, 1961.

The Ld D.R, however, submitted that the assessee has to withdraw the pending appeals after filing Form VSV1 as per Vivad Se Vishwas Scheme 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issued to the assessee in due course and accordingly he submitted that this appeals of the assessee may be dismissed as withdrawn, as the assessee, in any way, is required to withdraw the appeal.

We heard Ld D.R and perused the record. Since the assessee has opted for Vivad Se Vishwas Scheme, 2020, the appellant 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 3 said scheme, we are of the view that no purpose will be served in keeping these appeals pending. Accordingly we dismiss this appeal of the assessee as withdrawn. 5. We notice that the assessee has sought adjournment till the time Form no.3 is received from the department, meaning thereby, the assessee wants 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 appeal, the assessee is given liberty to move appropriate application for recall of the present order in accordance with the law, if the assessee intends to do so. 6. In the result, the appeal of the assessee is dismissed as withdrawn. Pronounced in the open Court on 15-06-2020 (N.V.VASUDEVAN) (B.R.BASKARAN) VICE PRESIDENT ACCOUNTANT MEMBER Place: Bangalore Dated: *am Copy of the Order forwarded to: 1.Appellant; 2.Respondent; 3.CIT; 4.CIT(A); 5.DR 6.Guard File