SMT. RANI BAI,BELLARY vs. INCOME TAX OFFICER, WARD- 1, BALLARI

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ITA 2368/BANG/2019Status: DisposedITAT Bangalore09 September 2020AY 2014-153 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 noted that since the assesses had opted for the Vivad Se Vishwas scheme, they were not interested in prosecuting the pending appeals. Therefore, the Tribunal dismissed the appeals as withdrawn.

What were the facts?

The assesses had filed appeals before the Income Tax Appellate Tribunal. During the pendency of these appeals, they opted to file an application under the Vivad Se Vishwas Act, 2020. Both the assesses and the revenue agreed that the appeals should be disposed of.

What were the issues?

The primary issue was how to proceed with pending appeals when the assesses have opted for the Vivad Se Vishwas scheme. The Tribunal considered the implications of the scheme on the ongoing litigation.

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 “ B ” BENCH: BANGALORE

Before: SHRI CHANDRA POOJARI

For Respondent: Shri Ganesh R Ghali, Standing Counsel
Hearing: 09.09.2020

O R D E R These two appeals filed by the assesses are directed against different orders of Commissioner of Income Tax (Appeals) of Gulbarga & Kalaburagi. The assesses are aggrieved by the decision of ld. CIT (Appeals). Since common issue is involved in these two appeals, they are heard together and consolidated order is passed for the sake of convenience.

2.

At the time of hearing, the learned Authorised Representative submitted that these assesses have opted to file an application under the Vivad Se Vishwas Act, 2020. Accordingly, ld. AR submitted that these appeals may be dismissed with the liberty to move appropriate application for recall of the present order in accordance with law, if the assesses intended to do so.

2 & 2369/Bang/2018 3. On the other hand, the learned Departmental Representative submitted that the assesses have to withdraw the pending appeals after filing the Form VSV1 as per Vivad Se Vishwas Act, 2020. Thereafter the assesses 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. Ld. DR submitted that the Form No.3 shall be issued to the assesses in due course and accordingly he submitted that the appeals of the assesses may be dismissed as withdrawn, as the assesses, in any way, is required to withdraw the appeals.

4.

We have heard both the parties and perused the material on record. Since the assesses has opted for Vivad Se Vishwas Act, 2020, the assesses are interested in not prosecuting these appeals filed before the Tribunal. Since the assesses have 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 appeals pending. Accordingly, we dismiss the appeals of the assesses as withdrawn. Further the assesses are at liberty to move appropriate application for recall of the present order in accordance with the law, if the assesses intends to do so.

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