MAHALAXMI INDUSTRIES,MEHSANA vs. THE DCIT, MEHSANA, MEHSANA
What did the Tribunal hold?
The Tribunal considered the assessee's submission for withdrawal under the Vivad Se Vishwas Scheme and the submitted Form No. 5. The appeal was dismissed as withdrawn.
What were the facts?
The assessee opted for the 'Vivad Se Vishwas Scheme 2020' and received Form No. 5, indicating a full and final settlement of tax arrears. The assessee requested withdrawal of the appeal before the ITAT.
What were the issues?
Whether the appeal can be withdrawn due to opting for the Vivad Se Vishwas Scheme and obtaining a settlement order.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH, AHMEDABAD
Before: SHRI RAJPAL YADAV & SHRI WASEEM AHMED
O R D E R
PER RAJPAL YADAV, VICE PRESIDENT :
The assessee is in appeal before the Tribunal against the order of the learned Commissioner of Income-tax (Appeals), Gandhinagar, Ahmedabad dated 28.02.2019 passed for Assessment Year 2015-16.
At the time of hearing before us, none appeared on behalf the assessee. However, vide application dated 06.04.2021, the assessee submitted that the assessee has opted to avail the benefits of “Vivad Se Vishwas Scheme 2020” and also submitted that the assessee has already received Form No.5, being the order for full and final settlement of tax arrears under the said Scheme, issued by the Principal Commissioner of Income Tax, Ahmedabad-3 in this regard, which is placed on record.
The learned Departmental Representative submitted that he has no objection to the withdrawal of the appeal in the circumstances narrated on behalf of the assessee.
Mahalaxmi Industries Vs. DCIT AY : 2015-16 2
We have considered the submission of the assessee for withdrawal of the appeal under the Scheme “Direct Tax Vivad se Vishwas 2020”. In the light of aforesaid request made by the assessee as also considering the Form No.5 submitted by the assessee towards the final settlement of tax arrears under Section 5(2) read with Section 6 of the Direct Tax Vivad Se Vishwas Act, 2020 (Form-5) issued by the PCIT, Ahmedabad-3, the appeal of the assessee is dismissed as withdrawn. However, in the event, the assessee fail to avail the benefit of “Vivad se Vishwas Scheme” for any bonafide reasons, then the assessee will be at liberty to seek restoration of original appeal for hearing before the ITAT in accordance with law.
In the result, the appeal of the assessee is dismissed as withdrawn.
Order pronounced in the Court on 21st December 2021 at Ahmedabad.
More judgments on Section 5(2)
- Dy. Commissioner of Income-Tax, Jaipur vs Kavita Khanwani, BeawarITA 867/JPR/2025[2018-19]Status: Disposed22 Sept 2026AY 2018-19
- ACIT Circle-3(1)(1), International… vs Toyota Tsusho Corporation, GurgaonITA 1908/DEL/2020[2015-16]Status: Disposed21 Sept 2026AY 2015-16
- Toyota Tsusho Corporation, Gurgaon vs DCIT Circle-3(1)(1) International Taxation…ITA 1514/DEL/2020[2016-17]Status: Disposed21 Sept 2026AY 2016-17
- Toyota Tsusho Corporation, Gurgaon vs DCIT Circle 3(1)(1) International Taxation…ITA 1513/DEL/2020[2015-16]Status: Disposed21 Sept 2026AY 2015-16
- DCIT Circle-3(1)(1) International Taxation… vs Toyota Tsusho Corporation, GurgaonITA 1508/DEL/2020[2016-17]Status: Disposed21 Sept 2026AY 2016-17
Recent GST High Court judgments
Search GST case law →- M/S. Mehra Mac Industries Private Limited vs. The Deputy State Tax OfficerTelangana · 30 Oct 2026
- Santosh Das And Anr. vs. Union Of INDIACalcutta · 30 Oct 2026
- M/S Rama Krishna Industries vs. State Of Hp And OthersHimachal Pradesh · 30 Oct 2026
- Smt Usha W/O Shri Tarun vs. Union Of INDIARajasthan · 29 Oct 2026
- M/S Maruti Nandan Minetech Private Limited vs. The Joint CommissionerRajasthan · 29 Oct 2026