SIDEL INDIA PRIVATE LTD.,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, PUNE

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ITA 784/PUN/2017Status: DisposedITAT Pune19 March 2021AY 2012-134 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw the appeals. The assessee was granted liberty to restore the appeals if the Vivad se Vishwas Scheme application was disapproved.

What were the facts?

The assessee sought to withdraw appeals for AYs 2012-13 and 2013-14 as the issues were settled under the Vivad Se Vishwas Scheme. However, discrepancies were noted in the Form-3 reconciliation.

What were the issues?

Whether the assessee can withdraw appeals settled under the Vivad Se Vishwas Scheme, and the conditions for such withdrawal.

Which sections of the Income-tax Act were involved?

Vivad Se Vishwas Scheme, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, PUNE

Before: SHRI INTURI RAMA RAO & SHRI PARTHA SARATHI CHAUDHURY

For Appellant: Shri Kunal Jain
For Respondent: Shri Vijay Bhaskar Reddy
Hearing: 18.03.2021Pronounced: 19.03.2021

Heard together (2 matters)

ITA No. 784/PUN/2017
ITA No. 170/PUN/2018

Read from the judgment's own cause title. This page is filed under one of them.

आदेश / ORDER The appeal in Ld. Dispute Resolution Panel-3, Mumbai dated 15.12.2016 for the assessment year 2012-13 as per the grounds of appeal on record.

1.

The appeal in preferred by the assessee emanates from the assessment order dated 27.11.2017 for the assessment year 2013-14 as per the grounds of appeal on record.

2.

The Ld. Counsel for the assessee filed letters dated 18.03.2021 & 19.03.2021 seeking permission to withdraw the appeal on the ground that the issue involved in this appeal stands settled under the Vivad Se Vishwas Scheme, 2020 and the assessee has received From-3. The assessee has noticed that there are certain differences between the amount payable/receivable as per Form-3 as per assessee’s working and therefore, the assessee is in discussion with the Assessing Officer and Principle Commissioner of Income Tax to reconcile the differences. The assessee is ready to withdraw the appeal under the circumstances if a conditional order is passed to that effect.

3. The Ld. DR has no objection in case the assessee wishes to withdraw the appeals. A.Ys.2012-13 & 2013-14

4.

In view of the request made by the assessee, we permit the assessee to withdraw the appeals. However, if the Respondent Department disapproves the application of the assessee filed under Vivad se Vishwas Scheme, the assessee is at liberty to file an application to restore the appeal before this Tribunal.

5.

In the result, both the appeals of the assessee are dismissed as withdrawn.

Order pronounced on 19th day of March, 2021. Sd/- Sd/- INTURI RAMA RAO PARTHA SARATHI CHAUDHURY ACCOUNTANT MEMBER JUDICIAL MEMBER ऩुणे / Pune; ददनाांक / Dated : 19th March, 2021 SB आदेश की प्रनिलऱपप अग्रेपषि / Copy of the Order forwarded to : अऩीऱाथी / The Appellant. 1. प्रत्यथी / The Respondent. 2.

3.

The CIT(Appeals)-13, Pune.

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