YARAHALLI CHIKKABYREGOWDA ROOPA,BANGALORE vs. INCOME TAX OFFICER, WARD - 3(2)(4), BANGALORE
What did the Tribunal hold?
The Tribunal noted that the assessee had opted for the Vivad Se Vishwas Act and would withdraw the appeal. Since the scheme was opted for, keeping the appeal pending served no purpose. Therefore, the appeal was dismissed as withdrawn.
What were the facts?
The assessee filed an appeal before the ITAT. During the hearing, the assessee's representative stated that the assessee had opted for the Vivad Se Vishwas Act, 2020. The assessee requested the appeal be dismissed with liberty to move for recall if needed.
What were the issues?
Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Act, 2020.
Which sections of the Income-tax Act were involved?
Vivad Se Vishwas Act, 2020
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, S M C “ C ” BENCH: BANGALORE
Before: SHRI CHANDRA POOJARI
O R D E R This appeal filed by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-3, Bangalore Dt.20.03.2019. The assessee is aggrieved by the decision of ld. CIT (Appeals).
At the time of hearing, the learned Authorised Representative submitted that the assessee has opted to file an application under the Vivad Se Vishwas Act, 2020. Accordingly, ld. AR submitted that the appeal may be dismissed with the liberty to move appropriate application for recall of the present order in accordance with law, if the assessee intended to do so.
On the other hand, the learned Departmental Representative submitted that the assessee has to withdraw the pending appeal after filing the Form VSV1 as per Vivad Se Vishwas Act, 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. Ld. DR submitted that the Form No.3 shall be issued to the assessee in due course and accordingly he submitted that the appeal of the assessee may be dismissed as withdrawn, as the assessee, in any way, is required to withdraw the appeal.
I have heard both the parties and perused the material on record. Since the assessee has opted for Vivad Se Vishwas Act, 2020, the assessee 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 said scheme, we are of the view that no purpose will be served in keeping the appeal pending. Accordingly, I dismiss the appeal of the assessee as withdrawn. Further the assessee is at liberty to move appropriate application for recall of the present order in accordance with the law, if the assessee intends to do so.
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