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Income Tax Appellate Tribunal, “B’’ BENCH: BANGALORE
Before: SHRI N.V. VASUDEVAN & SHRI B.R. BASKARAN, ACCOUTANT MEMBER
PER B.R. BASKARAN, ACCOUNTANT MEMBER:
The assessee has filed this appeal challenging the order dated 29-12-2017 passed by Ld CIT(A), Mysuru and it relates to the assessment year 2011-12. The assessee is aggrieved by the decision of Ld CIT(A) in confirming the assessment of capital gains in the hands of the assessee.
2. None appeared on behalf of the assessee. However, the assessee has furnished a letter dated 20-07-2020, wherein, inter alia, it is stated as under:- “1. In respect of dispute in appeal, the appellant has opted to file an application under the Vivad Se Vishwas Act, 2020.
Accordingly, the appellant has filed Form 1 & 2 under the said Act on 15-06-2020. Copy of acknowledgement for having filed Form 1 is enclosed.
Under section 5(1) of the Act, the pending appeal is deemed to have been withdrawn on the issue of Form 3 by the designated authority. 4. In the case of the appellant, the Form 3 has not been received and the same is awaited. 5. In the circumstances, it is request that the appeal posted for hearing on 10-06-2020 may kindly be adjourned.” Accordingly the assessee has prayed for adjournment of these appeals. 3. The Ld D.R, however, submitted that the assessee has to withdraw the pending appeal 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issued to the assessee in due course and accordingly he submitted that the appeal of the assessee may be dismissed as withdrawn, as the assessee, in any way, is required to withdraw the appeal. 4.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 the appeal pending. Accordingly we dismiss the appeal of the assessee as withdrawn. 5. We notice that the assessee, in his application, has stated that he has not received Form no.3, in which the tax amount to be paid
V.M. Brijesh URS, Mysuru Page 3 of 3 by the assessee shall be intimated by the department. Hence the assessee has sought adjournment till the time Form no.3 is received from the department, meaning thereby, 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.
In the result, the appeal of the assessee is dismissed as withdrawn. Pronounced in the open Court on 12-08-2020