THE ACIT, CIRCLE-5, AHMEDABAD vs. M/S. NIRMA LIMITED, AHMEDABAD

PDF · subscribers
ITA 1797/AHD/2015Status: DisposedITAT Ahmedabad08 December 2021AY 2002-032 pages
AI SummaryWithdrawn

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 Therefore, the appeal was dismissed as withdrawn.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?

Section 5(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH, AHMEDABAD

Before: SHRI RAJPAL YADAV, VICE- & SHRI WASEEM AHMED

Hearing: 08/12/2021Pronounced: 09/12/2021

PER RAJPAL YADAV, VICE-PRESIDENT:

1.

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

2.

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 The ld.DR has no objection if its appeal is treated to be withdrawn in view of the settlement of the issue by the assessee.

3.

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 Accordingly, appeal of the Revenue being infructuous is dismissed as withdrawn.

4.

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)

All 430 judgments and leading authorities on Section 5(2) →

Recent GST High Court judgments

Search GST case law →