What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw the appeal. The appeal was dismissed as withdrawn due to the assessee opting for settlement under the Vivad Se Vishwas Act.

The assessee filed an appeal before the ITAT for the assessment year 2011-12. The assessee subsequently opted for resolution under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the appeal can be withdrawn by the assessee in light of opting for settlement under the Vivad Se Vishwas Act.

Patange Industries Pvt.Ltd vs DCIT | ITAT Pune 2021

Income Tax Appellate Tribunal, “B” BENCH, PUNE

Before: SHRI WASEEM AHMED & SHRI PARTHA SARATHI CHAUDHURY

For Appellant: Shri Snehal Bote

For Respondent: Shri Vitthal Bhosale

Hearing: 28.01.2021Pronounced: 29.01.2021

आदेश / ORDER PER PARTHA SARATHI CHAUDHURY, JM:

This appeal preferred by the assessee emanates from the order of the Ld. CIT(Appeals)-6, Pune dated 31.01.2017 for the assessment year 2011-12 as per the grounds of appeal on record.

The Ld. AR for the assessee through video conference submitted that the assessee wants to withdraw the grounds of appeal

s in light of the assessee opting for resolution under the provisions enumerated in the Direct Tax Vivad Se Vishwas Act, 2020 („the VSV Act‟) and has filed an application dated 27.01.2021 along with Form-1 & Form-3 in this regard by stating as follows: “Ref : Patange Industries Pvt. Ltd. PAN :AADCP2124N Appeal No.1006/PUN/2017 Assessment year 2011

12. Sub : Application for withdrawal of appeal With respect to the above referred appeal, the appellant has opted for the Direct Tax Vivad Se Vishwas Act, 020 (DTVSV Act) to settle the dispute pending before your Honours. In this reference, the appellant had submitted Form 1 and Form 2 in accordance with Rule 3 of the Direct Tax Vivad Se Vishwas Rules, 2020 ( The Rules) on 09/12/2020. Copy of the same is attached herewith as Annexure 1 for your Honours ready reference and record. Further, the Designated Authority has issued Form 3 in accordance with Rule 3 of the Rules 21/01/2021. Copy of the same is attached herewith as Annexure 2 for your Honours ready reference and record. In view of the above and in accordance with Section 4(3) of the DTVSV Act, the appellant is hereby withdrawing the current appeal filed on 21.04.2017. The appellant undertakes that it shall pay/allow adjustment for the entire demand raised in Form 3 within the prescribed time limit under the DTVSV Act.”

The Ld. DR has no objection in case the assessee wishes to withdraw the appeal. Hence, we permit the withdrawal. Appeal of assessee is dismissed being withdrawn.

In the result, the appeal of assessee is dismissed as withdrawn.

Order pronounced on 29th day of January, 2021.

PATANGE INDUSTRIES PVT.LTD,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, PUNE

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

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