Unnikrishnan , Bangalore Vs Income Tax Officer Ward-4(2)(4), Bangalore

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

BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT
AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER

ITA No.238/Bang/2019
Assessment Year : 2010-11

Shri. Unnikrishnan,304, A Block, UKN Esperenza,Thubarahalli,Whitefield,Bengaluru – 560 066.PAN: AAKPU 5227 D
APPELLANT 

Vs. 
The Income Tax Officer,Ward – 4(2)(4),Bengaluru.
RESPONDENT

Appellant by : Shri. V. Narendra Sharma, Advocate
Respondent by : Shri. Kannan Narayanan, Jt.CIT(DR)(ITAT), Bengaluru.

Date of hearing : 18.11.2020
Date of Pronouncement : 18.11.2020

O R D E R

Per N.V. Vasudevan, Vice President

This is an appeal by the assessee against the order dated 25.09.2018 of CIT(A) – 4, Bengaluru, relating to Assessment Year 2010-11.

2. The learned Counsel for the assessee has filed a Memo dated16.11.2020 wherein it has been mentioned that the appellant has filed Form1 and 2 under The Direct Tax Vivad Se Vishwas Act 2020 with respect toabove appeals and Form 3 is awaited. In the Memo there is a prayer foradjourning the matter and that once, Form-3 is issued, the assessee will bewithdrawing the above appeals filed before the honourable Tribunal.Accordingly, the assessee has prayed for adjournment of these appeals.

3. The Ld D.R, however, submitted that the assessee has towithdraw the pending appeals after filing Form VSV-1 as per Vivad SeVishwas Scheme 2020. Thereafter, the assessee is required to furnish a copy of the same along with the proof of payment of tax as determined by thetax official to the department. She submitted that the Form no.3 shall be issued to the assessee in due course and accordingly she submitted that these appeals of the assessee may be dismissed as withdrawn, as the assessee, in any way, is required to withdraw the appeal.

4. We heard Ld D.R and perused the record. Since the assessee has opted for Vivad Se Vishwas Scheme, 2020, the appellant would bemoving application for withdrawing the present appeals filed before the Tribunal in due course. Since the assessee has already filed the necessaryapplications before the tax authorities under the above said scheme, we are of the view that no purpose will be served in keeping these appeals pending.Accordingly we dismiss this appeal of the assessee as withdrawn.

5. The assessee has stated that he has not received Form no.3, in which the tax amount to be paid by the assessee shall be intimated by thedepartment. Hence the assessee has sought adjournment till the time Form no.3 is received from the department, meaning thereby, the assessee wants to make sure that the tax liability mentioned by him in Form no.1 should get confirmed by the revenue. Under these set of facts, since we have dismissed the appeals, the assessee is given liberty to move appropriate application for recall of the present order in accordance with the law, if the assessee intends to do so.

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