SHRI VINEET LALANI,BHUBANESWAR vs. DCIT, CENTRAL CIRCLE-1, BHUBANESWAR

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ITA 409/CTK/2019Status: DisposedITAT Cuttack28 January 2021AY 2012-132 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal granted the assessee's application for withdrawal of the appeal. The appeal was dismissed as withdrawn, with a provision for recall if the Vivad Se Vishwas settlement failed.

What were the facts?

The assessee filed an appeal against an order of the CIT(A). Subsequently, the assessee applied to withdraw the appeal, stating a decision to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether an appeal can be withdrawn and dismissed as settled under the Vivad Se Vishwas Act, 2020.

Which sections of the Income-tax Act were involved?

Section 5(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CUTTACK BENCH, CUTTACK

Before: S/SHRI P.M. JAGTAP & CHANDRA MOHAN GARG

For Appellant: Shri Manoj Patra, AR
For Respondent: Shri M.K.Gautam, CIT, DR

O R D E R Per Bench This is an appeal filed by the assessee against the order of the CIT(A),2 Bhubaneswar dated 6.6.2018 for the assessment year 2012-13.

2.

In this case, the assessee has moved an application dated 18.12.2020 seeking withdrawal of this appeal on the ground that he has decided to settle the dispute involved in the said appeal under the Direct Tax Vivad Se Vishwas Act, 2020. The assessee has duly filed the declarations in Form No. 1 and Form No. 2 and the Designated Authority has issued the certificate in Form No. 3 as per Section 5(1) of the Scheme accepting the assessee’s declaration under the same Scheme.

P a g e 1 | 2 09/CTK/201 9 Assessm ent Y ear : 20 12- 13

3.

Keeping in view these facts and circumstances of the case including especially the fact that the assessee has duly complied with the necessary requirements under Vivad Se Vishwas Scheme, 2020, the permission as sought by the assessee is granted and this appeal of the assessee is dismissed treating the same as withdrawn.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 a miscellaneous application.

4.

In the result, the appeal filed by the assessee is dismissed as withdrawn.

Order pronounced on 28/1/2021. Sd/- sd/- (Chandra Mohan Garg) (P.M Jagtap) JUDICIAL MEMBER VICE PRESIDENT Cuttack; Dated 28 /1/2021 B.K.Parida, SPS(os) Copy of the Order forwarded to : 1. The Appellant : Sri Vineet Lalani, Plot No.3433, B-29, Jayadurga Nagar, Bhubaneswar

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