THE ACIT, CIRCLE-5, AHMEDABAD vs. M/S. NIRMA LIMITED, AHMEDABAD
What did the Tribunal hold?
The Tribunal noted that the issue was settled under the Vivad Se Vishwas Act, rendering the Revenue's appeal infructuous. Therefore, the appeal was dismissed as withdrawn.
What were the facts?
The Revenue filed an appeal against the CIT(A)'s order for assessment year 2002-03. The assessee subsequently filed for a settlement under the Direct Tax Vivad Se Vishwas Act, 2020.
What were the issues?
Whether the Revenue's appeal is maintainable when the underlying tax dispute has been settled under a settlement scheme.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “D” BENCH, AHMEDABAD
Before: SHRI RAJPAL YADAV, VICE- & SHRI WASEEM AHMED
PER RAJPAL YADAV, VICE-PRESIDENT:
The above appeal filed by the Revenue against order of the Commissioner of Income Tax (Appeals)-9, Ahmedabad dated 18.03.2015 for assessment year 2002-03
When the matter was called for hearing, it is noticed that the ld.counsel for the assessee, Shri H.C. Shah, has filed a letter dated 07.12.2021 enclosing therewith copy form no.5 being order for Full and Final Settlement of Tax arrear issued under section 5(2) of the Direct Tax Vivad Se Vishwas Act, 2020 by the designated authority. The same are taken on record. In light of settlement of the issue, the appeal of the Revenue becomes infructuous and, therefore, assessee seeks its withdrawal. The ld.DR has no objection if its appeal is treated to be withdrawn in view of the settlement of the issue by the assessee.
In the light of the above letter of the ld.counsel for the assessee, I find no reason to keep pending appeal of the Revenue before the Tribunal because as per form no.5 filed by the assessee, the appeal of the Revenue became infructuous. Accordingly, appeal of the Revenue being infructuous is dismissed as withdrawn.
In the result, the appeal of the Revenue stands dismissed under VSV scheme.
Order pronounced in the Court on 9th 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 Rentex Polymers Private Limited vs. Assistant Commissioner Of Central Goods And Services TaxDelhi · 29 Oct 2026
- M/S Maa Shila Traders vs. The State Of BiharPatna · 29 Oct 2026
- M/S Ashish Enterprises vs. Assistant Commissioner Gsto Ward No. 86Delhi · 29 Oct 2026
- M/S. Bhanwal Trading And Company vs. The Union Of INDIARajasthan · 28 Oct 2026
- M/S. Saraswati Enterprises vs. State Of RajasthanRajasthan · 28 Oct 2026