M/S CHOWGULE BROTHERS PVT. LTD.,MORMUGAO vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 2, MARGAO

ITA 359/PAN/2018Status: DisposedITAT Panaji23 February 2022AY 2008-093 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The Tribunal dismissed the appeal as withdrawn, subject to the assessee's liberty to revive it if the Vivad se Vishwas scheme resolution fails.

What were the facts?

The assessee filed an appeal before the ITAT. During the pendency of the appeal, the assessee opted for the Direct Tax Vivad se Vishwas Act, 2020. A certificate was issued to the assessee under the scheme.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 250,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PANAJI BENCH, PANAJI

Before: SHRI RAVISH SOOD & SHRI JAMLAPPA D. BATTULL

Pronounced: 23/02/2022

ORDER PER JAMLAPPA D. BATTULL, AM; The present appeal is filed by the appellant assessee is directed against the order of Commissioner of Income Tax- Appeals, Panaji [for short “CIT(A)”] dt 30/05/2018 passed u/s 250 of the Income-tax Act, 1961 [for short “the Act”], which in turn ascended from the order of the Assessing Officer [for short “AO”] dt 13/12/2010 passed u/s 143(3) of the Act, for assessment years [for short “AY”] 2008-2009.

ITAT-Panaji Page 1 of 3

ITA No : 359/PAN/2018 AY : 208-2009 2. On this date of hearing, the departmental representative [for short “DR”] referring to an application preferred by the assessee vide letter dt 05/10/2021 received by this Tribunal, entreated that, the appellant assessee has filed an application under Direct Tax Vivad se Vishwas Act, 2020 [for short “VSVA”] against the assailed dispute in form no 1 and form no 2, and pursuant thereto a certificate in Form 3 was issued by the designated authority vide Certificate No 615075871300921 dt 30/09/2021.

It is stated that, in the light receipt of Form No 3 aforesaid, the assessee has filed a written application for withdrawal present appeals pending for adjudication before this Tribunal. The Ld DR, did not controvert the aforesaid factual position as brought before us.

In view of the above, we dismiss the appeal as withdrawn, subject to a rider that, in the unlikely event, if the matter is not being resolved under the Vivad se Vishwas scheme for any reasons, the appellant assessee shall have liberty to approach & revive this appeal through filing of Miscellaneous Application [for short “MA”] within the applicable time limit under the provisions of the Act for the restoration.

Resultantly, the appeal of the appellant assessee is dismissed as withdrawn. 5.

Order pronounced in Open Court on this Wednesday, 23rd day of February, 2022.

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