Liberty to the assessee to move an appropriate application for recall of order under VSVS,2020.

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

Before Shri Chandra Poojari, AM & Shri George George K, JM

ITA No.2542/Bang/2019 : Asst.Year 2006-2007
ITA No.2543/Bang/2019 : Asst.Year 2009-2010

M/s.Elsamex-TWS-SNC Joint
Venture, No.25/2, 12th Floor
S.N.Towers, M.G.Road
Bangalore – 560 001.
PAN : AAAAE0553B.
(Appellant)

vs.

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

Appellant by : Sri.V.ChandraShekhar, Advocate
Respondent by : Sri.Priyadarshi Mishra, Addl.CIT-DR

Date of Hearing : 18.02.2021
Date of Pronouncement : 18.02.2021

O R D E R

Per George George K, JM :

These appeals at the instance of the assessee are directed against two different orders of CIT(A) dated 30.12.2011 and28.12.2011 respectively. The relevant assessment years are 2006-2007 and 2009-2010.

2. At the time of hearing before us, the learned Counsel for the assessee has furnished a letter dated 18th February, 2021, wherein it is submitted that the assessee has opted for filingthe application under Direct Tax Vivad Se Vishwas Act, forsettlement of the dispute, and accordingly, he prayed that the appeals 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 ofthe same along with the proof of payment of tax as determinedby the tax official to the to the Department. He submitted that Form No.3 shall be issued to the assessee in due course andaccordingly he submitted that the appeals of the assessee maybe dismissed as withdrawn, as the assessee in any case is required to withdraw the appeals. The learned DR further submitted that in these types of cases, the Tribunal is givingliberty to seek recall of the order if the appeal is dismissed by the Bench.

4. We have heard rival submissions and perused the material on record. The submissions made by the learned DR is considered. Since the assessee has opted for filing theapplication under Direct Tax Vivad Se Vishwas Act forsettlement of the dispute, the assessee would be movingapplication for withdrawing the present appeals filed before theTribunal in due course. Hence, we are of the view that no purpose will be served in keeping these appeals pending. Accordingly, we dismiss the appeals of the assessee as withdrawn. Since we have dismissed the appeals, the assesseeis at liberty to move appropriate application for recall of thepresent order in accordance with the law, if the assessee intends to do so. 

5. In the result, the appeals filed by the assessee are dismissed.

Order pronounced on this 18th day of February, 2021.

Sd/-                                                     Sd/-
(Chandra Poojari)                             (George George K)
ACCOUNTANT MEMBER                 JUDICIAL MEMBER

Bangalore; Dated : 18th February, 2021.
Devadas G*

Copy to :
1. The Appellant.
2. The Respondent.
3. The CIT(A)-1, Bangalore
4. The Pr.CIT-1, Bangalore.
5. The DR, ITAT, Bengaluru.
6. Guard File.

Asst.Registrar/ITAT, Bangalore