PTERIS GLOBAL LIMITED,AHMEDABAD vs. THE DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-1, AHMEDABAD

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ITA 721/AHD/2017Status: DisposedITAT Ahmedabad28 January 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 The appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal for AY 2013-14. The assessee subsequently opted for the Vivad se Vishwas Scheme, 2020, and their application was approved.

What were the issues?

Whether the assessee can withdraw their appeal after opting for the Vivad se Vishwas Scheme. The primary issue was the procedural aspect of withdrawing an appeal due to availing a tax dispute resolution scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD “D” BENCH

Before: Shri Rajpal Yadav & Shri Amarjit Singh

For Appellant: Shri Dhinal Shah, Shri Rohit Pansari, A.Rs
For Respondent: Shri Rajdeep Singh, Sr. D.R, Shri Dhinal Shah, Shri Rohit Pansari, A.Rs

Date of hearing : 22-01-2021 Date of pronouncement : 28-01-2021 आदेश/ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:-

This assessee’s appeal for A.Y. 2013-14, arises from order of the DRP-2, Mumbai dated 23-12-2016, in proceedings under section 143(3) r.w.s. 144C(1) 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. CIT of Income Tax for approving the application filed by the assessee under the Vivad se Vishwas Scheme, 2020. When the matter was called for hearing, the ld. Page No 2 Pteris Global Ltd. vs. DCIT counsel for the assessee at the outset has submitted that he does not want to pursue the said appeal since his application under Vivad se Vishwas Scheme, 2020 has been approved by the Income Tax Department and requested that his application for withdrawal of appeal may please be granted.

3.

The ld. Departmental Representative for the Revenue stated that he has no objection to withdraw the appeal in the circumstances narrated on behalf of the assessee.

4.

We have considered the submission and application of the assessee for withdrawal of the appeal as his application has 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 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 28-01-2021 Sd/- Sd/- (RAJPAL YADAV) (AMARJIT SINGH) VICE PRESIDENT ACCOUNTANT MEMBER Ahmedabad : Dated 28/01/2021 आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:-

Page No 3 Pteris Global Ltd. vs. DCIT

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