MSC SOFTWARE CORPORATION INDIA PRIVATE LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, PUNE

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ITA 188/PUN/2017Status: DisposedITAT Pune04 February 2021AY 2012-132 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 appeal as per the provisions of the Vivad Se Vishwas Act. The assessee is allowed to revive the appeal if the certificate under the Act is not issued.

What were the facts?

The assessee filed an appeal against the directions of the Dispute Resolution Panel for assessment year 2012-13. The assessee subsequently filed a withdrawal application, having opted for resolution under the Vivad Se Vishwas Act.

What were the issues?

Whether the assessee can withdraw an appeal filed before the ITAT to avail the Vivad Se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 144C(5),Section 5

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, PUNE

Before: SHRI R.S. SYAL & SHRI S.S. VISHWANETHRA RAVI, JM

For Appellant: Shri Amit Singhal
For Respondent: Shri Mahadevan A.M. Krishanan
Hearing: 04.02.2021Pronounced: 04.02.2021

आदेश/ORDER

1.

This appeal filed by the assessee is directed against the directions of Dispute Resolution Panel – 3, Mumbai dated 30.09.2016 passed u/s 144C(5) of the Income Tax Act, 1961, in relation to the assessment year 2012-13.

2.

Before us, the assessee has filed a letter dated 19.01.2021 seeking withdrawal of the appeal. The relevant contents of such letter reads as under : “The captioned appeal that is pending adjudication before the Hon’ble ITAT, was filed by the appellant on 30.01.2017 against the final assessment order passed by the Assessing Officer. In this regard, the appellant wishes to humbly submit that the appellant has opted for resolution under the provisions enumerated under the VSV Act.

In order to give effect of the proceedings enumerated under the VSV Act, Rule 5 of the Direct Tax Vivad Se Vishwas Rules 2020 (‘the VSV Rules’), stipulates that the appellant is liable to withdraw the grounds of appeal

, prior to furnishing of Form

4. (intimation of payment). Therefore, in compliance with the aforesaid Rule, the appellant hereby submits that the appeal in A.Y. 2012-13 may be permitted to be withdrawn.”

3.

The ld. DR did not raise any objection to the withdrawal of the appeal filed by the assessee. As such, the assessee is permitted to withdraw the appeal with the liberty to the assessee to revive the appeal proceedings in the case of the Pr. Commissioner of Income Tax declining to issue Form No.3 Certificate under sub-section (1) of section 5 of the Direct Tax Vivad Se Vishwas Act, 2020 for whatsoever reasons. Accordingly, the appeal of the assessee stands dismissed as withdrawn.

4.

In the result, the appeal is dismissed as ‘withdrawn’.

Order pronounced in the open Court on 4th day of February, 2021.

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