Dasaratham Bitla , Bangalore vs The Assistant Commissioner of Income TAx Circle-5(3)(1), Bangalore

IN THE INCOME TAX APPELLATE TRIBUNAL
BANGALORE BENCHES “C”, BANGALORE

Before Shri George George K, JM & Shri B.R.Baskaran, AM
ITA No.1894/Bang/2017 : Asst.Year 2008-2009

Sri.Dasaratham Bitla
507, DSR Daffodils, Near Trinity
Meadows, Bellandur
Bengaluru – 560 027.
PAN : ACEPB3517P.
(Appellant) 

vs.

The Asst.Commissioner of
Income-tax, Circle 5(3)(1)
Bangalore.
(Respondent)

Appellant by : Sri.Sandeep, CA
Respondent by : Smt.R.Premi, JCIT-DR

Date of Hearing : 17.12.2020
Date of Pronouncement : 17.12.2020

O R D E R

Per George George K, JM

This appeal at the instance of the assessee is directedagainst CIT(A)’s order dated 08.06.2017. The relevant assessment year is 2008-2009.

2. At the time of hearing before us, the learned Counsel for the assessee has furnished a letter dated 16th December, 2020, wherein it is stated that the assessee has opted for filing the application under Direct Tax Vivad Se Vishwas Act, for settlement of the dispute, and accordingly, he prayed that the appeal may be adjourned.

3. The learned Departmental Representative, 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 to the Department. She submitted that 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issued to the assessee in due course and accordingly he submitted that the appeal of the assessee may be dismissed as withdrawn, as the assessee in any case is required to withdraw the appeal. The learned DR further submitted that in these types of cases, the Tribunal is giving liberty to seek recall of the order if the appeal is dismissed by the Bench.

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