SUNSHINE FOOD PRODUCTS,BIKANER vs. ACIT, CENTRAL CIRCLE, BIKANER.

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ITA 419/JODH/2018Status: DisposedITAT Jodhpur11 August 2023AY 2015-163 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee had opted for the 'Vivad se Vishwas Scheme 2020' and received Form-5. Therefore, no purpose would be served in keeping the appeal pending.

What were the facts?

The assessee filed an appeal against an order of the CIT(A). During the appeal hearing, the assessee submitted that they had settled the tax litigation by opting for the 'Vivad se Vishwas Scheme 2020'.

What were the issues?

Whether the appeal should be dismissed as withdrawn when the assessee has settled the tax litigation under the 'Vivad se Vishwas Scheme 2020'.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 153A,Section 250,Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “DB” BENCH, JODHPUR

For Appellant: Shri Rajendra Jain, Adv
For Respondent: Smt. Alka Rajvanshi Jain
Hearing: 11.08.2023Pronounced: 11.08.2023

O R D E R

PER PAVAN KUMAR GADALE JM:

1.

The assessee has filed the appeal against the order of the Commissioner of Income Tax (Appeals) Jaipur passed u/s 143(3) r.w.s 153A and 250 of the Income Tax Act, 1961.

2.

At the time hearing, The Ld.AR of the assessee has submitted that the assessee has settled the tax litigation by opting for ‘Vivad se Vishwas Scheme 2020’

Shri Sunshine Food Products,Bikaner - 2 - (VSVS2020) and filed an application under VSVS Rules 2020 and received Form.No.5. Contra, the Ld. DR has no objections.

3.

We heard the rival submissions and perused the material on record. Since the assessee has opted for ‘Vivaad se Vishwas Scheme 2020’ and received Form-5 from the income tax department. We are of the view that, no purpose will be served in keeping the appeal pending. Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the present order as per provisions of Law.

4.

In the result, the appeal filed by the assessee is dismissed.

Order pronounced in the open court on 11.08.2023.

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