M/S. CSB BANK LIMITED (FORMERLY THE CATHOLIC SYRIAN BANK LIMITED),DEVANAHALLI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CPC-TDS, GHAZIABAD

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ITA 2050/BANG/2019Status: DisposedITAT Bangalore01 July 2020AY 2014-152 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 the assessee intended to withdraw the appeal as per the Vivad se Vishwas Scheme. Since the assessee had already filed applications under the scheme, the Tribunal found no purpose in keeping the appeal pending.

What were the facts?

The assessee filed an appeal against an order related to a demand under Section 234E for late filing of TDS returns. The assessee subsequently opted for the Direct Tax Vivad se Vishwas Scheme, 2020.

What were the issues?

Whether the appeal should be kept pending when the assessee has opted for a settlement scheme and intends to withdraw the appeal.

Which sections of the Income-tax Act were involved?

Section 234E

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH : BANGALORE

Before: SHRI A. K. GARODIA & SHRI PAVAN KUMAR GADALE

For Respondent: Shri. Tshering Ongdu, Addl. CIT (DR)(ITAT), Bengaluru
Hearing: 22.06.2020Pronounced: 01.07.2020

This appeal is filed by the assessee and it is directed against the order of learned CIT(A)-10, Bengaluru, dated 29.07.2019 for Assessment Year 2014-15 and such order is in the proceedings initiated by the AO for raising demand under section 234E of the Income Tax Act, 1961 (hereinafter called ‘the Act’), in respect of quarter 4 of Financial Year 2013-14.

2.

As per letter dated 18.06.2020 submitted before this Tribunal, this was submitted by the assessee before the Tribunal that the assessee has already filed Form 1 and Form 2 for settling the case under Direct Tax Vivad se Vishwas Scheme, 2020. It is also requested by the assessee in the said application that the hearing be kept in abeyance, as the present appeal would be withdrawn, as required under the Vivad se Vishwas Scheme, 2020.

3.

Learned DR of the Revenue submitted that the assessee has to withdraw the pending appeal, after filing Form 3CB as per the Vivad se Vishwas Scheme, 2020 and submit its proof along with the proof of payment of tax as determined by the officials of the Tax Department. It was also submitted by learned DR of the Revenue that Form 3 shall be issued to the assessee in the due course and it was submitted that the appeal of the assessee may be dismissed as withdrawn by the assessee because in any case, the assessee is required to withdraw the appeal.

4.

We heard Ld DR 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 this appeal of the assessee as withdrawn. 5. In the result, the appeal of the assessee is dismissed as withdrawn. Pronounced in the open court on the date mentioned on the caption page.

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