INCOME TAX OFFICER, WARD-1(1), JABALPUR vs. M/S MISHRA BUILDERS, JABALPUR

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ITA 192/JAB/2018Status: DisposedITAT Jabalpur03 August 2022AY 2006-072 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal accepted the assessee's request to withdraw the appeals as the assessee had opted for settlement under the Direct Tax Vivad Se Vishwas Act, 2020, and made the required payment.

What were the facts?

The Revenue filed appeals against the Income Tax Appellate Tribunal's decision concerning assessments for assessment years 2004-05 to 2006-07. The appeals were initially dismissed as unmaintainable but later recalled.

What were the issues?

The primary issue was the maintainability of the Revenue's appeals after the assessee settled the dispute under the Vivad Se Vishwas Act.

Which sections of the Income-tax Act were involved?

Section 147,Section 143(3),Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JABALPUR BENCH, JABALPUR

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

For Appellant: Ms. Darshana Jain, FCA
For Respondent: Shri Ravi Mehrotra, Sr. DR, Ms. Darshana Jain, FCA
Hearing: 03/08/2022Pronounced: 03/08/2022

O R D E R Per Bench: This is a set of three Appeals by the Revenue agitating the allowance of the assessee’s, a firm in construction business, appeals contesting it’s assessments under sections 147 read with section 143(3) of the Income Tax Act, 1961 (‘the Act’ hereinafter) for three consecutive years, being assessment years 2004-05 to 2006-07, by the first appellate authority, vide his orders of even date, i.e., 26/06/2018.

2.

The Revenue’s appeals were dismissed by the Tribunal in the first instance u/s. 268A of the Act as unmaintainable vide it’s combined order dated 23/08/2019. However, subsequently, the same were recalled by it on being moved by the Revenue, vide it’s order dated 31/05/2022 (in MA Nos. 23-25/JAB/2019).

3.

At the very outset, it was informed by the ld. counsel for the assessee, Ms. Jain, that the assessee has since opted for the settlement of it’s dispute under 1 | P a g e -192/JAB/2018 (AYs.: 2004-05 to 2006-07) ITO vs. Mishra Builders reference under the Direct Tax Vivad Se Vishwas Act, 2020, having also made payment of the disputed tax. Toward the same, Form-5, issued under rule 7 of the Direct Tax Vivad Se Vishwas Rules, 2020, signifying the full and final settlement of the tax arrears under the said Act, for all the years, enclosed along with the assessee’s application dated 01/08/2022 requesting for withdrawal of the Revenue’s appeals on that basis, were adverted to by her. The same stand perused to find the same in order.

4.

Under the circumstances, we have no hesitation in, accepting the assessee’s said request, dismiss the Revenue’s appeals as withdrawn/vacated, to which fairly no objection was raised by the ld. Sr. DR during hearing. We decide accordingly.

5.

In the result, the Revenue’s appeals are dismissed as withdrawn/ incompetent. Order Pronounced in open Court on August 03, 2022 Sd/- Sd/- (Manomohan Das) (Sanjay Arora) Judicial Member Accountant Member Date: 03/08/2022 vr/- Copy to:

1. 1. The Revenue: ITO, Ward-1(1), Jabalpur.

2. The Assessee: Mishra Builders, Chiranjeev Anand Colony, Baldeobagh, Jabalpur (MP) 3. The Principal CIT-1, Jabalpur (MP) 4. The CIT(Appeals)-1, Jabalpur.

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