M/s Bava Mines & Minerals , Mangalore Income TAx Officer Ward-1(2), Mangalore

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

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

ITA No.563/Bang/2018 : Asst.Year 2012-2013
M/s.Bava Mines & Minerals

No.113/21, Ground Floor
Commercial Centre, Kuloor
Mangaluru – 575 013.
PAN : AAIFB5475E.
(Appellant) 

vs.

The Income Tax Officer
Ward 1(2)
Mangaluru.
(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 :

This appeal at the instance of the assessee is directed against the order of CIT(A) dated 28.12.2017. The relevant assessment year is 2012-2013.

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 filing the application under Direct Tax Vivad Se Vishwas Act, for settlement of the dispute, and accordingly, he prayed that the appeal may be adjourned. 

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 of the same along with the proof of payment of tax as determined by the tax official to the to the Department. He submitted thatForm No.3 shall be issued to the assessee in due course andaccordingly he submitted that the appeal of the assessee may be dismissed as withdrawn, as the assessee in any case is required to withdraw the appeal. The learned DR further submitted that in these types 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 rival submissions and perused the material on record. The submissions made by the learned DRis considered. Since the assessee has opted for filing theapplication under Direct Tax Vivad Se Vishwas Act for settlement of the dispute, the assessee would be movingapplication for withdrawing the present appeal filed before the Tribunal in due course. Hence, we are of the view that nopurpose will be served in keeping this appeal pending.Accordingly, we dismiss the appeal of the assessee aswithdrawn. Since we have dismissed the appeal, 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 appeal filed by the assessee is 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), Mangaluru.
4. The Pr.CIT, Mangaluru.
5. The DR, ITAT, Bengaluru.
6. Guard File.

Asst.Registrar/ITAT, Bangalore