SRI. KORANGRAPADY PRAKASH SHETTY,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 1(2)(2), BANGALORE

PDF · subscribers
ITA 2554/BANG/2019Status: DisposedITAT Bangalore11 September 2020AY 2015-162 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal decided that keeping appeals pending would serve no purpose in such cases. The appeal was dismissed as withdrawn with liberty to the assessee to seek recall if the Vivad Se Viswas scheme was not opted for.

What were the facts?

The assessee wished to avail the benefit of the Vivad Se Viswas Act, 2020. The assessee requested the appeal be kept in abeyance to pursue this option.

What were the issues?

Whether an appeal should be kept pending for the assessee to opt for the Vivad Se Viswas scheme, or dismissed with liberty to recall.

Which sections of the Income-tax Act were involved?

Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH : BANGALORE

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

Hearing: 08.09.2020Pronounced: 11.09.2020

O R D E R PER ARUN KUMAR GARODIA, A. M.: This appeal is filed by the assessee and the same is directed against the order of learned CIT (A) – 1 Bengaluru dated 30.08.2019.

2.

In course of hearing, learned AR of the assessee submitted that the assessee wants to avail benefit of Vivad Se Viswas Act 2020 and therefore, this appeal may be kept in abeyance. He submitted a letter dated 07.09.2020 in this regard. At this juncture, the bench pointed out that this bench is taking a consistent view that under these facts, no purpose will be served by keeping such appeals pending and therefore, such appeals are being dismissed as withdrawn and liberty is being granted to the assessee to approach this tribunal for recall of this order u/s 254 (2) of I T Act in case the assessee does not finally opt for this scheme or opts out of that scheme for any reason or there is any problem under that Act. In reply, learned AR of the assessee submitted that if such liberty is granted then he has no objection to dismissal of the appeal as withdrawn with such liberty.

3.

Learned DR of the revenue had no objection about this proposition put forward by the bench. Hence, we dismiss this appeal as withdrawn and grant liberty to the assessee to approach this tribunal for recall of this order u/s 254 (2) of I T Act in case the assessee at some stage before completion of the formalities under that Act to opts out of that scheme under Vivad Se Viswas Act or there is any problem under that Act. 4. In the result, this appeal of the assessee is dismissed. Pronounced in the open court on the date mentioned on the caption page.

Recent GST High Court judgments

Search GST case law →