MAHALAXMI INDUSTRIES,MEHSANA vs. THE DCIT, MEHSANA, MEHSANA

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ITA 728/AHD/2019Status: DisposedITAT Ahmedabad21 December 2021AY 2015-162 pages
AI SummaryWithdrawn

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 The appeal was dismissed as withdrawn.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Whether the appeal can be withdrawn due to opting for the Vivad Se Vishwas Scheme and obtaining a settlement order.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?

Section 5(2),Section 6

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, AHMEDABAD

Before: SHRI RAJPAL YADAV & SHRI WASEEM AHMED

Hearing: 20/12/2021Pronounced: 21/12/2021

O R D E R

PER RAJPAL YADAV, VICE PRESIDENT :

1.

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.

2.

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.

3.

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

4.

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Tax Vivad Se Vishwas Act, 2020 (Form-5) issued by the PCIT, Ahmedabad-3, the appeal of the assessee is dismissed as withdrawn.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.

5.

In the result, the appeal of the assessee is dismissed as withdrawn.

Order pronounced in the Court on 21st December 2021 at Ahmedabad.

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