Assessee can seek recall of order in accordance with the law if the circumstances so warrant, under VSV Scheme

Last updated: 04 January 2021

Save Share

Quick Summary

The Income Tax Appellate Tribunal has dismissed an appeal filed by Xchanging Solutions Limited as withdrawn. This is because the company opted to settle its tax dispute under the Direct Taxes Vivad Se Vishwas Act, 2020. While the appeal was dismissed, the tribunal granted the assessee liberty to seek a recall of the order if circumstances warranted, in accordance with the law.

Court :
ITAT Bangalore

Brief :
The assessee has filed this appeal challenging the order dated 27.07.2019 passed by Ld CIT(A)-12, Bengaluru and it relates to the assessment year 2010-11.

Citation :
ITA No.2068/Bang/2019

IN THE INCOME TAX APPELLATE TRIBUNAL
“B’’ BENCH: BANGALORE

BEFORE SHRI GEORGE GEORGE K., JUDICIAL MEMBER
AND
SHRI B.R. BASKARAN, ACCOUNTANT MEMBER

ITA No.2068/Bang/2019
Assessment Year: 2010-11

Xchanging Solutions Limited
Room No.430, 4th Floor, BMTC
Building, 80 Ft. Road
Koramangala
Bengaluru
PAN NO : AAFCS9303L
APPELLANT

Vs.

Deputy Commissioner of
Income-tax (IT)
Circle-2(2)
Bengaluru
RESPONDENT

Appellant by : Shri Mahesh, A.R.
Respondent by : Shri Priyadarshi Mishra, D.R.
Date of Hearing : 31.12.2020
Date of Pronouncement : 31.12.2020

O R D E R

PER B.R. BASKARAN, ACCOUNTANT MEMBER:

The assessee has filed this appeal challenging the order dated 27.07.2019 passed by Ld CIT(A)-12, Bengaluru and it relates to the assessment year 2010-11.

2. The assessee has filed a letter stating that the assessee hasopted to settle the dispute in its appeal under Direct Taxes Vivad Se Vishwas Act, 2020. It is further stated that the assessee has filed Form No.1 & 2 for the appeal filed by the assessee and it has also
received Form No.3. Accordingly it is submitted that appeal of the assessee may be dismissed as withdrawn.

3. We heard Ld D.R, who did not object to the prayer of the assessee. Since the issues contested in the appeal of the assessee have beensettled under the Direct Taxes Vivad Se Vishwas Act, 2010, wedismiss the appeal of the assessee as withdrawn. However, we give liberty to the assessee to seek recall of this order in accordance with law, if the circumstances so warrant.

4. In the result, the appeal of the assessee is dismissed.

Order pronounced in the open court on 31st Dec, 2020

Sd/- Sd/-
(George George K.) (B.R. Baskaran)
Judicial Member Accountant Member

Bangalore,
Dated 31st Dec, 2020.
VG/SPS
Copy to:
1. The Applicant
2. The Respondent
3. The CIT
4. The CIT(A)
5. The DR, ITAT, Bangalore.
6. Guard file

By order
Asst. Registrar, ITAT, Bangalore.