SEP ENERGY PVT. LTD,AHMEDABAD vs. DCIT, CIRCLE-4(1)(2), AHMEDABAD

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ITA 2486/AHD/2018Status: DisposedITAT Ahmedabad18 February 2021AY 2013-143 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 assessee's request to withdraw the appeal as their application under the Vivad se Vishwas Scheme was approved. The assessee is at liberty to file a miscellaneous application if any issue remains unresolved under the scheme.

What were the facts?

The assessee filed an appeal for AY 2013-14 concerning proceedings under section 271(1)(c). The assessee subsequently opted for the Vivad se Vishwas Scheme, 2020, and their application was approved.

What were the issues?

Whether the appeal should be withdrawn due to the assessee opting for the Vivad se Vishwas Scheme, 2020.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD “B” BENCH

Before: Shri Mahavir Prasad & Shri Amarjit Singh

For Appellant: Shri Sanjay R. Shah, A.R
For Respondent: Shri Lalit P. Jain, Sr. D.R, Shri Sanjay R. Shah, A.R

PER : AMARJIT SINGH, ACCOUNTANT MEMBER:-

This assessee’s appeal for A.Y. 2013-14, arises from order of the CIT(A)-8, Ahmedabad dated 01-11-2018, in proceedings under section 271(1)(c) of the Income Tax Act, 1961; in short “the Act”.

2.

The assessee filed written submission to withdraw the appeal on the ground that he has opted to avail benefits of Vivad se Vishwas Scheme, 2020 and in his submission the assesseee has also enclosed the copies form no. -3 issued by the Pr.

I.T.A No. 2486/Ahd/2018 A.Y. 2013-14 Page No 2 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 appeal of the assessee 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 will be at liberty to file the Miscellaneous Application to recall this order to restore the original appeal within the time limit provided in the act.

5.

In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 24-02-2021 (MAHAVIR PRASAD) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad : Dated 24/02/2021

I.T.A No. 2486/Ahd/2018 A.Y. 2013-14 Page No 3 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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