MGM MINERALS LTD.,BHUBANESWAR vs. DCIT, CIRCLE-1(1), BHUBANESWAR
What did the Tribunal hold?
The Tribunal allowed the assessee's request to withdraw the appeals after noting their compliance with the Vivad Se Vishwas Scheme. The appeals were dismissed as withdrawn.
What were the facts?
The assessee filed appeals against the orders of the CIT(A) for multiple assessment years. The assessee subsequently filed applications under the Vivad Se Vishwas Scheme, 2020, to settle the disputes.
What were the issues?
The primary issue was whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, CUTTACK BENCH, CUTTACK
Before: S/SHRI CHANDRA MOHAN GARG & LAXMI PRASAD SAHU
Heard together (4 matters)
Read from the judgment's own cause title. This page is filed under one of them.
O R D E R Per Bench These are appeals filed by the assessee against the separate orders of the ld CIT(A)-1, Bhubaneswar dated 3.4.2017, 8.1.2016, 3.4.2017 and 21.6.2019 for the assessment years 2008-09, 2009-10, 2010-12 & 2014- 15, respectively.
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MGM Minerals Ltd., 2-A, Forest Park, Bhubaneswar
First of all, we may note that the assessee has filed early hearing petition seeking withdrawal of appeals to which no objection was placed by ld CIT DR. Therefore, early hearing applications are allowed and appeals taken up for hearing.
Vide petitions dated 8.2.2021, the assessee has submitted that the assessee has preferred an applications in Form No.1 & 2 under “Vivad Se Visvash Scheme” 2020 to settle the dispute involved in the said appeals and received certificate in Form No.3 from the Pr. Commissioner of Income Tax-1, Bhubaneswar. It is submitted that the appeals of the assessee may be disposed off treating the same as withdrawn.
Keeping in view these facts and circumstances of the case including especially the fact, as submitted in the petitions that the assessee has duly complied with the necessary requirements under Vivad Se Vishwas Scheme, 2020, we dismiss the appeals of the assessee treating the same as withdrawn. We also make it clear that in a situation, the grievance of assessee for the year under consideration could not be resolved under Vivad se Vishwas scheme, then the assessee would be entitled to seek recall of this dismissal order by filing miscellaneous applications.
In the result, the appeals filed by the assessee are dismissed as withdrawn.
Order pronounced on 9 /3/2021.
Sd/- sd/- (Laxmi Prasad Sahu) (Chandra Mohan Garg) ACCOUNTANT MEMBER JUDICIAL MEMBER Cuttack; Dated 9 /3/2021 B.K.Parida, SPS (OS)
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MGM Minerals Ltd., 2-A, Forest Park, Bhubaneswar Copy of the Order forwarded to : 1. The Appellant : MGM Minerals Ltd., 2-A, Forest Park, Bhubaneswar
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