Liberty to seek recall of this order in case the assessee is not able to settle the dispute under the Scheme.

Quick Summary
The Income Tax Appellate Tribunal has dismissed the assessee's appeals as withdrawn. This decision was made because the assessee opted for the Vivad Se Vishwas Scheme to settle the dispute. However, the Tribunal has granted the assessee liberty to apply for a recall of this order if they are ultimately unable to settle their dispute under the Scheme.

Court :
ITAT Bangalore

Brief :
These appeals filed by the assessee are against the order dated26.09.2017 of CIT(A)-1, Bangalore, in relation to Assessment Years 2009-10and 2010-11.

Citation :
ITA 2785/BANG/2017

IN THE INCOME TAX APPELLATE TRIBUNAL
“C” BENCH : BANGALORE

BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT AND
SHRI B. R. BASKARAN, ACCOUNTANT MEMBER

ITA Nos.2784 and 2785/Bang/2017
Assessment Years : 2009-10 and 2010-11

Shri. Dinesh Devraj Ranka,
No.31, Ranka Chambers,
Cunnigham Road,
Bangalore – 560 052.
PAN : ABHPR 8430 M
 APPELLANT 

Vs.
 The Additional Commissioner of
 Income Tax,
Range – 8,
Bangalore.
RESPONDENT

Assessee by : Smt. Jinita Chatterjee, Advocate
Revenue by : Shri. Pradeep Kumar, CIT (DR)(ITAT), Bangalore
Date of hearing : 5.1.2021
Date of Pronouncement : 5.1.2021

O R D E R

Per N. V. Vasudevan, Vice President

These appeals filed by the assessee are against the order dated26.09.2017 of CIT(A)-1, Bangalore, in relation to Assessment Years 2009-10and 2010-11.

2. The Learned AR of the assessee submitted that the assessee has optedto settle the dispute in these appeals under the direct tax Vivad Se VishwasScheme, 2020, has filed Form No.1 and has requested for adjournment of the appeals.

3. In the course of hearing, it was the proposition put forward by theBench that under these facts, the appeals of the assessee may be dismissed as withdrawn and liberty may be granted to the assessee to approach thisTribunal for recall of this order under section 254(2) of the Act in case theassessee finally opts out of Vivad Se Vishwas Scheme, 2020. In reply, it was submitted by learned AR of the assessee that if the liberty is granted to the assessee, then we have no objection about dismissal of the appeals as withdrawn.

4. The appeals are accordingly dismissed as withdrawn. The assessee ishowever at liberty to seek recall of this order in case the assessee is not able to settle the dispute under the Scheme.

5. In the result, assessee’s appeals are dismissed.

Pronounced in the open court on the date mentioned on the caption page.

Sd/-                                                  Sd/-
( B. R. BASKARAN )                     ( N. V. VASUDEVAN)
Accountant Member                     Vice President

Bangalore,
Dated: 5.1.2021.
/NS/*

Copy to:
1. Appellants 
2. Respondent 
3. CIT
4. CIT(A) 
5. DR, ITAT, Bangalore. 
6. Guard file

By order
 Assistant Registrar,
 ITAT, Bangalore.
 

FAQ :

The appeals were dismissed as withdrawn because the assessee chose to settle the dispute under the Vivad Se Vishwas Scheme, 2020.

The Vivad Se Vishwas Scheme, 2020, is a scheme for settling direct tax disputes.

Yes, the assessee has been granted liberty to approach the Tribunal to seek a recall of the dismissal order if they are unable to settle the dispute under the Vivad Se Vishwas Scheme.

The condition for recalling the order is that the assessee must not be able to settle the dispute under the Vivad Se Vishwas Scheme.

 

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