M/s Ingersoll Rak (India) Ltd, Bengaluru Deputy Commissioner of Income Tax, circle-3(1)(1), Bengaluru

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

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

IT(TP)A No.2871/Bang/2017
Assessment Year: 2013-14

M/s. Ingersoll Rand (India) Ltd.
8th Floor Tower D, 4/1
IBC Knowledge Park
Bannerghatta Main Road
Bangalore-560 029
PAN NO : AAACI3099Q
APPELLANT 

Vs.

Deputy Commissioner of
Income-tax
Circle-3(1)(1)
Bangalore
RESPONDENT
Appellant by : Shri K.R. Vasudevan, A.R.
Respondent by : Shri Pradeep Kumar, D.R.

Date of Hearing : 07.12.2020
Date of Pronouncement : 07.12.2020

O R D E R

PER B.R. BASKARAN, ACCOUNTANT MEMBER:

The assessee has filed this appeal challenging the assessmentorder passed by AO for the assessment year 2013-14 in pursuanceof directions given by Ld Dispute Resolution Panel (DRP).

2. The Ld Counsel appearing for the assessee submitted a letterdated 04-12-2020 written by the assessee, wherein it is stated thatthe assessee has opted to settle the dispute under Direct Tax VivadSe Vishwas Act for settlement of the dispute and it is in the process of filing relevant forms.

3. The Ld D.R, however, submitted that the assessee has towithdraw the pending appeal after filing Form VSV1 as per Vivad Se Vishwas Act, 2020. Thereafter, the assessee is required to furnish acopy of the same along with the proof of payment of tax as determinedby the tax official to the department. Accordingly she submitted thatthe appeal of the assessee may be dismissed as withdrawn, as the assessee, in any way, is required to withdraw the appeal.

4. The Ld A.R, in the rejoinder, submitted that the assessee should be given liberty to seek recall of the order, if the appeal is dismissed by the bench and something goes wrong.

5. We heard the parties and perused the record. Since the assesseehas opted to settle the dispute under Direct Tax Vivad Se VishwasAct, 2020, the appellant would be moving application for withdrawingthe present appeal filed before the Tribunal in due course. The LdA.R submitted that the assessee would be filing necessaryapplications before the tax authorities under the above said Actwithin few days. Hence, we are of the view that no purpose will beserved in keeping this appeal pending. Accordingly we dismiss the appeal of the assessee as withdrawn. However, 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.

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