THE DY. CIT.,(OSD)-I, CIRCLE-4, AHMEDABAD vs. MARCK BIOSCIENCES LTD., AHMEDABAD

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ITA 2695/AHD/2014Status: DisposedITAT Ahmedabad23 September 2021AY 2008-092 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The tribunal allowed the withdrawal of the appeals as per the provisions of the Vivad se Vishwas Scheme, 2020. The appeals were dismissed as withdrawn.

What were the facts?

The assessee opted for the Vivad se Vishwas Scheme, 2020, and submitted Form No. 3 approving their application. The revenue representative had no objection to the withdrawal of the appeals.

What were the issues?

Whether the appeals can be withdrawn by the assessee to avail the benefits of the Vivad se Vishwas Scheme, 2020.

Which sections of the Income-tax Act were involved?

Section 4

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD “D” BENCH

Before: Shri Mahavir Prasad & Shri Amarjit Singh

For Appellant: Shri S.N. Soparkar, Sr. A.R. &, Shri Parin Shah, A.R
For Respondent: Shri Purshottam Kumar, Sr. D.R, Shri S.N. Soparkar, Sr. A.R. &, Shri Parin Shah, A.R

Revenue by: Shri Purshottam Kumar, Sr. D.R. Assessee by: Shri S.N. Soparkar, Sr. A.R. & Shri Parin Shah, A.R. Date of hearing : 16-09-2021 Date of pronouncement : 23-09-2021 आदेश/ORDER PER BENCH:- These two appeals filed by the revenue, arise from order of the CIT(A), in proceedings under Income Tax Act, 1961; in short “the Act”.

2.

The assessee filed written submission to withdraw the appeals on the ground that he has opted to avail benefits of Vivad se Vishwas Scheme, 2020 and in his submission the assessee has also enclosed the copies form no. -3 issued by the Pr. CIT of Income Tax for approving the application filed by the assessee under the Vivad se Vishwas Scheme, 2020.

3.

The ld. Departmental Representative for the Revenue stated that he has no objection to withdraw the appeals in the circumstances narrated on behalf of the assessee.

4.

The assessee has filed copy of form -3 and copy of tax payer counterfoil of payment of tax along with the application of opting for Vivad se Viswas Scheme. We have considered the submission and application of the assessee for withdrawal of the appeals as his application has been approved under Vivad se Vishwas Scheme, 2020. A reference has been made in sub-section (2) & (3) of section 4 of Direct Tax Vivad se Vishwas Scheme, 2020 for the purpose of withdrawal of appeal. In the light of the provision made in the scheme and after considering the material on record, the aforesaid request for withdrawal of appeals of the revenue to avail the VSV Scheme, 2020 in accordance with law is allowed. However, in case, any issue is remained un-resolved under the said scheme, then, the assessee/revenue will be at liberty to file the Miscellaneous Application to recall this order to restore the original appeals within the time limit provided in the act.

5.

In the result, both the appeals are dismissed as withdrawn. Order pronounced in the open court on 23-09-2021 Sd/- Sd/- (MAHAVIR PRASAD) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad : Dated 23/09/2021 आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/आदेश से,

उप/सहायक पंजीकार आयकर अपील�य अ�धकरण, अहमदाबाद

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