RAJEEV KUMAR,BENGALURU vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 4(1)(1), BENGALURU

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ITA 2031/BANG/2019Status: DisposedITAT Bangalore09 July 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 would likely withdraw the appeal. Therefore, keeping the appeal pending would serve no purpose.

What were the facts?

The assessee filed an appeal against an order of the CIT(A). At the time of hearing, the assessee did not appear but had previously indicated an intention to settle the litigation under the Vivad se Viswas Scheme, 2020.

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Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Viswas Scheme.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 “ C ” BENCH: BANGALORE

Before: SHRI A.K. GARODIA & SHRI PAVAN KUMAR GADALEShri Rajeev Kumar,

For Respondent: Smt. R. Premi, Addl. CIT (D.R)
Hearing: 08.07.2020Pronounced: 09.07.2020

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)-4, Bangalore 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, the assessee has filed a letter dt.17.3.2020 with Registry on 18.3.2020 that, the Vivad se Viswas Scheme, 2020.But, The Learned Departmental Representative submitted that the assessee is required to withdraw the appeal due to option of the scheme and prayed for dismissal of the assessee appeal as withdrawn..

3.

We heard learned Departmental Representative and perused the material on record. Since the assessee has opted for Vivad Se Vishwas Scheme, 2020, the assessee would be moving an application for withdrawing the present appeal filed before the Tribunal in due course. Whereas, the assessee has already filed consent letter opting for Vivad Se Vishwas Scheme 2020 hence, 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 Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application under section 254(2) of the act to recall the present order in accordance with the provisions of law.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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