M/S OAK CONSTRUCTIONS & P|ROPERTIES PVT.LTD,SHIMLA vs. ITO(TDS), SHIMLA

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ITA 1135/CHANDI/2019Status: DisposedITAT Chandigarh30 March 2021AY 2016-173 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 noted that the dispute was settled under the Vivad Se Vishwas Scheme, evidenced by Form No.3. The assessee's application to withdraw the appeal was accepted.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order for assessment year 2016-17. The assessee subsequently applied for settlement under the Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to settlement under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 250(6)

AI-generated summary — verify with the full judgment below

Per Annapurna Gupta, Accountant Member:

1.

The above appeal has been preferred by the assessee against the order of the Commissioner of Income Tax (Appeals), Shimla H.P. [(in short referred to as ‘CIT(A)’] dated 20.06.2019 relating to the assessment year 2016-17, passed u/s 250(6)) of the Income Tax Act, 1961 (hereinafter referred to as ‘Act’.

A.Y. 2016-17 Page 2 of 3

2.

At the outset, Ld. Counsel for the assessee has submitted that since the assessee’s application for settling the dispute under the 'Vivad Se Vishwas Scheme, 2020' (VSV) has been accepted by the Income Tax Department and Form No.3 has been issued evidencing the same, therefore, he intends to withdraw the present appeal. Separate application dated 19.03.2021 for withdrawal of the appeal has been submitted by the ld. Counsel for the assessee. The ld. DR did not object to the same.

3.

We have perused the records and documents before us and find that the dispute in the above appeal stands settled under the VSV Scheme, which is evidenced by Form No.3 issued by the Department in this respect dated 29.01.2021. In view of the same, the assessee’s application to withdraw the appeal is accepted.

4.

In the result, the above appeal of the assessee is hereby dismissed as 'Withdrawn'.

Order pronounced on 30.3.2021.

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