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Income Tax Appellate Tribunal, “B” BENCH : BANGALORE
Before: SHRI N.V. VASUDEVAN & SHRI B R BASKARAN
Per B.R. Baskaran, Accountant Member All the assessees herein have filed appeals challenging the order dated 15-03-2019 passed by Ld CIT(A)-4, Bengaluru in their respective hands for assessment year 2015-16. The assessee is aggrieved by the decision of Ld CIT(A) in confirming the addition made by the AO by rejecting the claim of long term capital gains declared on sale of shares.
At the time of hearing, the Ld A.R submitted that all these assessees have filed applications under the Direct Tax Vivad Se Vishwas Act, 2020 and are waiting for the certificate in Form No.3 from the Pr. CIT. Accordingly the Ld A.R submitted that the matter may be kept pending.
The Ld D.R, however, submitted that these assessees have to withdraw the pending appeals after filing Form VSV1 as per Vivad Se Vishwas Act, 2020. Thereafter, the assessees are 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issued to the assessees in due course and accordingly he submitted that the appeals of the assessee may be dismissed as withdrawn, as the assessees, in any way, are required to withdraw the appeal.
We heard the parties and perused the record. Since the assessees herein have opted for Vivad Se Vishwas Scheme, 2020, the appellants would be moving application for withdrawing the present appeals filed by them before the Tribunal in due course. Since the assessees have 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 these appeals pending. Accordingly we dismiss the appeals of the assessees as withdrawn.
The Ld A.R, however, submitted that the assessees may be given liberty to move application for recall of the order, as the applications of these assessees are yet to be accepted by the department. We notice that the assessees have stated that they have 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 assessees want 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 appeals, the assessees are given liberty to move appropriate application for recall of the present order in accordance with the law, if the assessees intend to do so.
In the result, all the appeals of the assessee are dismissed as withdrawn.
Pronounced in the open court on this 13th day of August, 2020.