MANVI RAJALBANDI KRISHNA,RAICHUR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 1, RAICHUR

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ITA 1831/BANG/2019Status: DisposedITAT Bangalore19 August 2020AY 2011-123 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 had opted for the Vivad se Viswas Scheme and filed an application to withdraw the appeal. Since the scheme application was accepted, the Tribunal decided not to keep the appeal pending.

What were the facts?

The assessee filed an appeal before the ITAT. At the time of hearing, the assessee did not appear but submitted a letter stating their intention to settle the litigation under the Vivad se Viswas Scheme, 2020. The assessee wished to withdraw the appeal.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Viswas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 250,Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BANGALORE BENCHES “ A ” BENCH: BANGALORE

Before: SHRI G. MANJUNATHA & SHRI PAVAN KUMAR GADALEShri Manvi Rajalbandi Krishna,

For Respondent: Shri S. Sundar Rajan, Addl. CIT (D.R)
Hearing: 18.08.2020Pronounced: 19.08.2020

O R D E R

PER SHRI PAVAN KUMAR GADALE, JM :

1.

The assessee has filed an appeal against the order of Commissioner of Income Tax (Appeals), Kalaburagi passed u/s. 143(3) r.w.s. 147 and u/s 250 of the Income Tax Act, 1961.

2.

At the time of hearing, none appeared on behalf of the assessee. Whereas, a letter dt.4.8.2020 was submitted with registry stating, that the assessee is intended Vivad se Viswas Scheme, 2020 and the application was accepted. The assessee wishes to withdraw the appeal and the Learned Departmental Representative has no objection.

3.

We heard learned Departmental Representative and perused the material on record. The assessee has opted for Vivad Se Vishwas Scheme, 2020, and an application was filed withdrawing the present appeal filed before the Tribunal. Since the assessee has already filed the application, opting for Vivad Se Vishwas Scheme 2020, we are of the view that no purpose will be served in keeping the appeal pending. Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application under section 254(2) of the Act to recall the present order if the assessee intends to do so, in accordance with the provisions of law.

4.

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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