Scania CV AB, Kolar vs. Deputy Commissioner of Income tax, Bangalore

Last updated: 06 November 2020

Court :
ITAT Bangalore

Brief :
The assessee has filed this appeal challenging the order dated 27-01-2017 passed by the AO for assessment year 2013-14 u/s 143(3) r.w.s. 144C(13) of the Act in pursuance of directions given by Ld Dispute Resolution Panel.

Citation :
IT(IT)A No.727/Bang/2017

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

BEFORE SHRI B. R. BASKARAN, ACCOUNTANT MEMBER
AND SMT. BEENA PILLAI, JUDICIAL MEMBER

IT(IT)A No.727/Bang/2017
Assessment Year : 2013 – 14

M/s. Scania CV AB,Sodertal Je, Stockholm, Sweden 151187 C/o SRBC and Associates LLP, 1st Floor, ‘A’ Wing, Divyashree Chambers, #11,O’Shoughnessy Road, Langford Gardens,Bengaluru – 560 025.PAN : AAUCS 3863 L
APPELLANT

Vs.

DCIT (International Taxation),Circle – 2(1),Bengaluru.
RESPONDENT

Assessee by : Ms. Keerthi Narayan, CA
Revenue by : Shri. Farhat Hussain, CIT DR
Date of hearing : 03.11.2020
Date of Pronouncement : 03.11.2020

O R D E R

PER B.R.Baskaran, Accountant Member:-

The assessee has filed this appeal challenging the order dated 27-01-2017 passed by the AO for assessment year 2013-14 u/s 143(3) r.w.s. 144C(13) of the Act in pursuance of directions given by Ld Dispute Resolution Panel.

2. The Ld Counsel of the assessee submitted that the assessee has opted to settle the dispute under Direct Tax Vivad Se Vishwas Act and accordingly filed Form 1 and 2 before the designated authorities.Accordingly, he sought for adjournment of the appeal.

3. The Ld D.R, 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 department. Accordingly he submitted that the appeal of the assessee may be dismissed as withdrawn, as the assessee, in any way, is required to withdraw the appeal.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 has not yet received Form 3 as per Direct Tax Vivas Se Vishwas Act and accordingly submitted that, in case the appeal is dismissed, the assessee should be given liberty to seek recall of the order, if something goes wrong.

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