What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw the appeal. The appeal was dismissed as withdrawn based on the assessee's application and the Revenue's no objection.

The assessee wished to withdraw their appeal before the ITAT. This was due to opting for resolution under the Direct Tax Vivad Se Vishwas Act, 2020, and having complied with its requirements.

What were the issues?

Whether an appeal can be withdrawn by the assessee if they have opted for resolution under the Vivad Se Vishwas Act.

Subhash Laxmanrao Kadam vs DCIT | ITAT Pune 2021

Income Tax Appellate Tribunal, “A” BENCH, PUNE

Before: SHRI INTURI RAMA RAO & SHRI PARTHA SARATHI CHAUDHURY

For Appellant: Shri Subhash Laxmanrao Kadam

For Respondent: Shri S.P Walimbe

Hearing: 12.01.2021Pronounced: 12.01.2021

आदेश / ORDER This appeal preferred by the assessee emanates from the order of the Ld. CIT(Appeal), Pune-3 dated 13.04.2018 for the assessment year 2014-15 as per the grounds of appeal on record.

The assessee through video conference submitted that he wants to withdraw the grounds of appeals 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 05.01.2021 along with Form-1, Form-2 & Form-3 in this regard by stating as follows:

“We would like to submit that we have opted to pay the tax under Direct Tax Vivad Se Vishwas scheme launched by the government of India and have already complied with the requirements of the said scheme and filed Form 1 &1. In response, the application was admitted and we have consequently paid the amount of tax liability determined by the Hon.PCIT. In furtherance of the above issue, we would like to submit this application and request your honour to withdraw the appeal filed the Bench of ITAT. We herewith submit the following documents: 1. Annexure I : Form 1 & 2 2. Annexure II : Form 3 issued by the PCIT 3. Annexure III : Receipt for submission of Form 4 & tax payment challan We request Your honor to consider this request and allow us to withdraw the stated appeal.”

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 Appeal of assessee is dismissed being withdrawn.

In the result, the appeal of assessee is dismissed as withdrawn.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 12th day of January, 2021.

SUBHASH LAXMANRAO KADAM,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 3, PUNE

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

Recent GST High Court judgments