M/S. HINDUJA REALTORS PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 3(1)(1), BANGALORE
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The tribunal decided that keeping the appeals pending would serve no purpose. They dismissed the appeals as withdrawn, granting liberty to the assessee to seek recall if they opt out of the scheme.
What were the facts?
The assessee company wished to avail the benefit of the Vivad Se Viswas Act, 2020. They requested the appeals be kept in abeyance to pursue this option.
What were the issues?
Whether appeals should be kept pending for availing the Vivad Se Viswas Act benefit, and the procedure for recall of orders.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH : BANGALORE
Before: SHRI A. K. GARODIA & SMT. BEENA PILLAI
O R D E R PER ARUN KUMAR GARODIA, A. M.: Both these appeals are filed by the assessee and the same are directed against two separate orders of learned CIT (A) – 3 Bengaluru both dated 30.09.2016.
In course of hearing, Shree Muthu Kumar, CFO of the assessee Company appeared and submitted that the assessee company wants to avail benefit of Vivad Se Viswas Act 2020 and therefore, these appeals may be kept in abeyance. He submitted a letter dated 07.09.2020 in this regard. 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facts, no purpose will be served by keeping such appeals pending and therefore, such appeals are being dismissed as withdrawn and liberty is being granted to the assessee to approach this tribunal for recall of this order u/s 254 (2) of I T Act in case the assessee does not finally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, the CFO of the assessee company submitted that if such liberty is granted then he has no objection to dismissal of these two appeals as withdrawn with such liberty.
Learned DR of the revenue had no objection about this proposition put forward by the bench. Hence, we dismiss these two appeals as withdrawn and grant liberty to the assessee to approach this tribunal for recall of this order u/s 254 (2) of I T Act in case the assessee at some stage before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 opts out of that scheme under Vivad Se Viswas Act or there is any problem under that Act. 4. In the result, both these appeals of the assessee are dismissed. Pronounced in the open court on the date mentioned on the caption page.
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