M/s. Mantri Dwellings Private Limited, Bangalore vs. The Assistant Commissioner Of Income Tax, TDS Circle- 2(1), Bangalore

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

Before Shri N.V.Vasudevan, VP & Shri Chandra Poojari, AM

ITA No.2073/Bang/2019 : Asst.Year 2017-2018

M/s.Mantri Dwellings Pvt.Ltd.No.41, Mantri House,Vittal Mallya Road Bangalore – 560 001.PAN : AAACZ3029P.(Appellant) 

vs.

The Asst.Commissioner of Income-tax, TDS Circle 2(1) Bangalore.
(Respondent)

Appellant by : Sri.V.Srinivasan, Advocate
Respondent by : Sri.Kannan Narayanan, JCIT-DR

Date of Hearing : 03.11.2020
Date of Pronouncement : 03.11.2020

O R D E R

Per Chandra Poojari, AM :

This appeal at the instance of the assessee is directed against the order of the CIT(A) dated 26.07.2019. The relevant assessment year is 2017-2018.

2. The assessee has furnished a letter dated 2nd November,2020, wherein it is stated that the assessee has filed application under Direct Tax Vivad Se Vishwas Act for settlement of the dispute and Form No.3 is awaited.Accordingly, the assessee has prayed that the appeal may be adjourned.

3. The learned Departmental Representative, however,submitted that the assessee has to withdraw the pending appeals 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. He 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issued to the assessee in due course and accordingly he submitted that the appeal of the assessee may be dismissed as withdrawn, as the assessee in any is required to withdraw the appeal. The learned DR further submitted that in this type of cases, the Tribunal is giving liberty to seek recall of the order if the appeal is dismissed by the Bench.

4. We have heard the rival submissions and perused the material on record. The submissions made by the learned DR is considered. Since the assessee has already filed applications under Direct Tax Vivad Se Vishwas Act, 2020, the assessee would be moving application for withdrawing the present appeal filed before the Tribunal in due course. Since the assessee has already filed the necessary applications before the tax authorities under the above said Act, we are of the view that no purpose will be served in keeping this appeal pending.Accordingly, we dismiss the appeal of the assessee as withdrawn. 

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