M/S. MGM TRADING CO,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1), BENGALURU

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ITA 743/BANG/2018Status: DisposedITAT Bangalore08 September 2020AY 2013-143 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The Tribunal dismissed the appeal as withdrawn, considering that no purpose would be served in keeping the appeal pending due to the assessee's opting for the Vivad se Vishwas Scheme. Liberty was granted to move for recall if Form 1 was not accepted.

What were the facts?

The assessee had opted for the Vivad se Vishwas Scheme, 2020, and requested an adjournment to await the relevant form from the revenue. The Tribunal noted that the assessee had not yet received Form 3.

What were the issues?

The primary issue was the pendency of the appeal after the assessee opted for the Vivad se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH : BANGALORE

Before: SHRI A.K GARODIA & SMT. BEENA PILLAI

For Appellant: Shri S.V Ravishankar, Advocate
For Respondent: Shri Priyadarshi Mishra, JCIT (DR)

ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeals have been filed by assessee against order dated 26/12/2017 passed by Ld.CIT(A)-10, Bangalore, for assessment years 2013-14 2. A letter dated 02/09/2020, has been filed by Ld.AR stating that assessee has opted for Vivad se Vishwas Scheme, 2020. Ld.AR sought for adjournment till Form 3 was issued by revenue. 3. We have perused submissions advances by both sides in light of records placed before us.

Page 2 of 3 IT(TA)A No.743/Bang/2018

4.

As assessee has sought for VSVS- scheme 2020, no purpose will be served in keeping present appeal pending. Hence we reject request for adjournment by Ld.AR. We also note that assessee has yet not received Form 3 from the department. Considering the situation, we dismiss the present appeal as withdrawn. However, liberty is granted to move appropriate application for recall of this order, in the event, Form 1 filed by assessee is not accepted by revenue. In the result, with above liberty, we dismiss present appeal as withdrawn. Order pronounced in the open court on 8th Sept, 2020. Sd/- Sd/- (A.K GARODIA) (BEENA PILLAI) Accountant Member Judicial Member Bangalore, Dated, the 8th Sept., 2020. /Vms/ Copy to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR, ITAT, Bangalore 6. Guard file

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