M/s. MEMG International India Pvt. Ltd.,, Bangalore Income-tax Officer, Ward -4(1)(3), Bangalore

This Income Tax Appellate Tribunal case involves M/s. MEMG International India Pvt. Ltd. and the Income Tax Officer, Ward -4(1)(3), Bangalore, for the assessment year 2014-2015. The assessee requested the appeal be held in abeyance as they had filed an application under the Direct Tax Vivad Se Vishwas Act. The Departmental Representative suggested the appeal be dismissed as withdrawn, noting the assessee must formally withdraw it after filing the necessary Vivad Se Vishwas form.

IN THE INCOME TAX APPELLATE TRIBUNAL
BANGALORE BENCHES “C”, BANGALORE
Before Shri George George K, JM & Shri B.R.Baskaran, AM
ITA No.595/Bang/2019 : Asst.Year 2014-2015

M/s.MEMG International India
Private Limited, No.24/1, 15th
Floor, J.W.Marriott,
Vittal Mallaya Road
Bengaluru – 560 001.
PAN : AADCM5241P.
(Appellant) 

vs.

The Income Tax Officer
Ward 4(1)(3)
Bengaluru.
(Respondent)

Appellant by : --- None ---
Respondent by : Smt.R.Premi, JCIT-DR
Date of Hearing : 07.12.2020
Date of
Pronouncement : 07.12.2020

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 20.02.2019. The relevant assessment year is 2014-2015.

2. The assessee has furnished a letter dated 25thNovember,2020, wherein it is stated that the assessee has filedapplication under Direct Tax Vivad Se Vishwas Act forsettlement of the dispute and Form No.3 is awaited.Accordingly, the assessee has prayed that the appeal may bekept in abeyance till the application under Direct Tax Vivad Se Vishwas Scheme is disposed of.

3. The learned Departmental Representative, however,submitted that the assessee has to withdraw the pendingappeal after filing Form VSV1 as per Vivad Se Vishwas Act,2020. Thereafter, the assessee is required to furnish a copy ofthe same along with the proof of payment of tax as determinedby the tax official to the to the Department. She submitted thatForm No.3 shall be issued to the assessee in due course andaccordingly he submitted that the appeal of the assessee maybe dismissed as withdrawn, as the assessee in any case isrequired to withdraw the appeal. The learned DR furthersubmitted that in these types of cases, the Tribunal is givingliberty to seek recall of the order if the appeal is dismissed by the Bench.

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