M/S. COMPASS LOGISTICS PRIVATE LIMITED,BANGALORE vs. THE INCOME TAX OFFICER, WARD- 2(1)(2), BANGALORE

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ITA 1609/BANG/2019Status: DisposedITAT Bangalore14 August 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The Tribunal dismissed the appeal as withdrawn, noting that the assessee would be moving an application to withdraw the appeal before the Tribunal in due course as per the Vivad Se Vishwas scheme. The assessee was granted liberty to move for recall of the order if necessary.

What were the facts?

The assessee filed an appeal against a penalty order. The assessee had opted for the Direct Tax Vivad Se Vishwas Act, 2020, and sought an adjournment to await the certificate from the Principal Commissioner.

What were the issues?

Whether the appeal should be kept pending when the assessee has opted for the Vivad Se Vishwas scheme and intends to withdraw the appeal.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH : BANGALORE

Before: SHRI B R BASKARAN & SMT. BEENA PILLA

For Respondent: Shri Manjeet Singh, Addl. CIT(DR)(ITAT), Bengaluru
Hearing: 17.06.2020Pronounced: 14.08.2020

Per B R Baskaran, Accountant Member

1.

The assessee has filed this appeal challenging the order dated 08-05-2019 passed by Ld CIT(A)-2, Bengaluru and it relates to the assessment year 2013-14. The assessee is aggrieved by the decision of Ld CIT(A) in confirming the penalty levied by the AO u/s 271(1)(c) of the Act.

2.

None appeared on behalf of the assessee. However, the Ld A.R has moved an adjournment petition mentioning therein that the assessee has filed applications under the Direct Tax Vivad Se Vishwas Act, 2020 and is waiting for the certificate in Form No.3 from the Pr. CIT. Accordingly the Ld A.R has sought for adjournment of the matter.

3.

The Ld D.R, however, submitted that the assessee has to withdraw the pending appeals after filing 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. He 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.

4.

We heard the parties 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 said scheme, we are of the view that no purpose will be served in keeping this appeal pending. Accordingly we dismiss the appeal of the assessee as withdrawn.

5.

We notice that the A.R of the assessee has stated in the adjournment letter that he has not received Form no.3, in which the tax amount to be paid by the assessee shall be intimated by the department. Hence, it appears that 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 this 14th day of August, 2020.

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