2020 (8) TMI 882 - AT - Income Tax

DTVSV Act - As assessee has availed the benefit of Direct Taxes Vivad Se Vishwas Act, 2020. Accordingly, this appeal is dismissed as withdrawn.

Summary

Issues:
1. Appeal by the assessee for AY 2007-08 against the CIT(A) order.
2. Cross Objection by the assessee in response to the revenue's appeal for AY 2010-11.
3. Withdrawal of the appeal and Cross Objection by the assessee.
4. Dismissal of the appeal and Cross Objection.

Analysis:
1. The Appellate Tribunal ITAT Bangalore dealt with an appeal filed by the assessee for the Assessment Year (AY) 2007-08 against the consolidated order of the CIT(A) for the years 2007-08 to 2013-14. The assessee, through a Memo, requested to withdraw the appeal as they had availed the benefit of the Direct Taxes Vivad Se Vishwas Act, 2020. Consequently, the appeal was dismissed as withdrawn, with the provision for the assessee to seek a recall if Form No.3 was not issued by the department.

2. Additionally, a Cross Objection was filed by the assessee in response to the revenue's appeal for AY 2010-11. The Tribunal noted that the revenue's appeal had already been disposed of, rendering the Cross Objection by the assessee infructuous. As a result, the Cross Objection was dismissed as infructuous, aligning with the decision on the revenue's appeal.

3. The assessee's decision to withdraw both the appeal and the Cross Objection was acknowledged by the Tribunal. The withdrawal of the appeal for AY 2007-08 and the Cross Objection for AY 2010-11 was accepted, leading to the dismissal of both the appeal and the Cross Objection by the assessee.

4. In conclusion, the Tribunal pronounced the dismissal of both the appeal and the Cross Objection by the assessee in the open court on August 27, 2020. The orders were made in accordance with the requests for withdrawal and the circumstances surrounding the cases, resulting in the final dismissal of the appeal and the Cross Objection by the assessee.