SUBH MOTORS PVT. LTD vs. COMMISSIONER OF INCOME TAX-1,

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ITA 74/JAB/2015Status: HeardITAT Jabalpur23 August 2022AY 2011-122 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee had settled the tax disputes for the relevant years under The Direct Tax Vivad-se-Vishwas Act, 2020. Consequently, the appeals were rendered infructuous.

What were the facts?

The assessee filed appeals against orders passed under section 263 of the Income Tax Act, 1961. The appeals were filed for assessment years 2009-10 to 2011-12.

What were the issues?

Whether the appeals have become infructuous due to settlement under the Vivad-se-Vishwas Act. The primary issue was the consequence of settlement on pending appeals.

Which sections of the Income-tax Act were involved?

Section 263,Section 153A,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JABALPUR BENCH,

Before: SH. SANJAY ARORA, HONBLE & SH. MANOMOHAN DAS, HON’BLE

Hearing: 10/08/2022Pronounced: 23/08/2022

Per Bench This is a set of three Appeals by the Assessee, directed against the Orders under section 263 of the Income Tax Act, 1961 (‘the Act’ hereinafter) of even date, i.e., 30/03/2015, in it’s case for three consecutive years, being Assessment Years (AYs) 2009-10 to 2011-12, in respect of it’s assessments u/s. 153A r/w. 143(3) of the Act for the said years vide separate orders dated 30/3/2013. 2. At the outset, it was submitted by the ld. counsel for the assessee, Sh. Bardia, that the instant appeals have become infructuous in view of the said assessments having attained finality on the settlement of the tax dispute/s for the relevant years by the assessee under The Direct Tax Vivad-se-Vishwas Act, 2020, paying the tax payable thereunder. The Revenue’s appeals for AYs. 2010- 11 & 2011-12 (in ITA Nos. 113 & 114/2018) and the assessee’s appeal for AY 1

ITA Nos. 72 -74/Jab/2015 Shubh Motors Pvt Ltd v. Asst. CIT (AYs. 2009-10 to 2011-12) 2010-11 (in ITA No. 54/2018), i.e., on quantum, have in fact been since dismissed in limine for that reason by the Tribunal, for which reference was made by him thereto (copy on record). Form/s 5, signifying the settlement of the said tax dispute/s under the said Act, for all the three years under reference, stands also enclosed alongwith the assessee’s withdrawal request.

3.

We have heard the parties. In view of the foregoing, the assessee’s appeals have become infructuous. Under the circumstances, we have no hesitation in, acceding to the assessee’s request, which was fairly not objected to by the ld. CIT-DR, permit the withdrawal of the instant appeals. We decide accordingly.

4.

In in the result, the assessee’s appeals are dismissed as infructuous. Order pronounced in the Open Court on August 23, 2022 (Manomohan Das) Accountant Member Dated: 23/08/2022 Copy of the Order forwarded to:

1.

The Appellant: Shubh Motors Pvt. Ltd. B/663, Mahanada, Nagpur Road, Madan Mahal, Jabalpur (M.P.) - 482001

2.

The Respondent: Assistant CIT, Circle-1(1), Jabalpur

3.

The Principal CIT-1, Jabalpur

4.

The CIT(Appeals)-1, Jabalpur

5.

The CIT-DR, ITAT, Jabalpur

6.

Guard File ////

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