M/S. PRESSURE PARTS ENGG. CO.,BARODA vs. DCIT, CIRCLE-1 (2), BARODA

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ITA 1710/AHD/2017Status: DisposedITAT Ahmedabad04 March 2021AY 2012-132 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessees' request to withdraw their appeals. This was in accordance with the provisions of the Vivad se Vishwas Scheme, 2020.

What were the facts?

The assessees sought to withdraw their appeals before the ITAT. They had opted for the Vivad se Vishwas Scheme, 2020, and their applications under the scheme were approved.

What were the issues?

Whether the appeals can be withdrawn by the assessees due to their opting for the Vivad se Vishwas Scheme, 2020.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 “C” BENCH

Before: SHRI AMARJIT SINGH

Consolidated Appeals (2)

ITA 1710/Ahd/2017AY 2012-13
ITA 3040/Ahd/2015AY 2011-12

Before: SHRI AMARJIT SINGH, ACCOUNTANT MEMBER And MS. MADHUMITA ROY, JUDICIAL MEMBER S. ITA/IT(SS)A No. A.Y. Appellant (PAN NO.) Respondent A.R. D.R. No. 1. 1710/Ahd/2017 2012-13 M/s. Pressure Parts Engg. Co. DCIT Ms. Kinjal L. P. Jain (AAEEP4272D) Cir.-1(2), Shah Baroda 2. 3040/Ahd/2015 2011-12 Ashmitaben M Panchal ACIT S. N. -do- (ABIPP9055B) Cir.12, Divatia Ahmedabad Date of hearing : 04-03-2021 Date of pronouncement : 04-03-2021 आदेश/ORDER PER BENCH:-

These two appeals filed by different assessees, arise from order of the CIT(A), in proceedings under Income Tax Act, 1961; in short “the Act”.

2.

The assessees filed written submissions to withdraw the appeals on the ground that they have opted to avail benefits of Vivad se Vishwas Scheme, 2020 and in their submissions the assesseees have also enclosed the copies Form No. -3 issued by the Pr. CIT of Income Tax for approving the applications filed by the assessees under the Vivad se Vishwas Scheme, 2020. When the matter was called for hearing, the ld. counsels for the assessees at the outset have submitted that they do not want to pursue the said appeals since their applications under Vivad se Vishwas Scheme, 2020 have been approved by the Income Tax Department and requested that their applications for withdrawal of appeals may please be granted.

01 others Page No. 2 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 assessees.

4.

We have considered the submissions and applications of the assessees for withdrawal of the appeals as their applications have 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 requests for withdrawal of appeals of the assessees 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 assessees will be at liberty to file the Miscellaneous Applications to recall this order to restore the original appeals within the time limit provided in the act.

5.

In the result, these two appeals of the different assessees are dismissed as withdrawn. Order pronounced in the open court on 04-03-2021

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