CMR LIFE SCIENCE PVT. LTD.,AHMEDABAD vs. DCIT, CIRCLE-1(1)(2), AHMEDABAD

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ITA 422/AHD/2018Status: DisposedITAT Ahmedabad27 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 noted that the assessee opted to settle the issue under the Vivad Se Vishwas Scheme and had completed the necessary formalities. Therefore, the appeal was dismissed.

What were the facts?

The assessee filed an appeal for assessment year 2013-14. The assessee subsequently filed a declaration under the Vivad Se Vishwas Scheme, 2020, to settle the tax dispute.

What were the issues?

Whether the assessee's appeal should be withdrawn or dismissed in light of the assessee opting for the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, AHMEDABAD

Before: SHRI RAJPAL YADAV, VICE- & SHRI AMARJIT SINH

Hearing: 27/01/2021Pronounced: 27/01/2021

PER RAJPAL YADAV, VICE-PRESIDENT:

1.

The above appeal filed by the assessee arises from order of the Commissioner of Income Tax (Appeals)-1, Ahmedabad dated 23.10.2017 for assessment year 2013-14.

2.

When the matter was called for hearing, it is noticed that the assessee has filed a letter dated 25.1.2021 requesting for withdrawal of its appeals in view of exercise of option to settle the issue under Vavaad Se Vishwas Scheme, 2020. Copy of Form No.1 dated 10.7.2020 for filing declaration and undertaking in form no.2 filed under Direct Tax Vivad Se Vishwas Act, 2020 are also placed on record. In other words, the assessee wants to resolve the issue with Vivad Se Vishwas Scheme, and necessary formalities have been completed, and therefore, the appeal of the assessee requires to be withdrawn in terms of scheme. The letter of the assessee dated 25.1.2021 reads as under:

“January 25, 2021

To, The Hon'ble ITAT- Bench A, 4th Floor Abhinav Arcade, Pritam Nagar, Ahmedabad

PAN: AAECC3350J A.Y.: 2013-14 Assessee: CMR Life Science Private Ltd. AppealNo.:422/AI/18 Respected Sir,

Sub: Adjournment in the aforesaid case. We would like to bring it to your kind attention that the appellant assessee has filed a declaration under Vivaad Se Vishvas Scheme, 2020 for the assessment year 2013-14. The assessee hereby opts to pay the tax under the said scheme. The said declaration has been filed on 10.07.2020 with Acknowledgement No. 391256411100720. The declaration form has been attached in Annexure-l for your kind perusal. The appellant assessee hereby requests you to kindly stay the appellate proceedings and we will provide you the copy of Form- 3 i.e. Certificate by the designated authority under Vivaad se Vishwas Scheme whenever issued. The appellant assessee will withdraw the appeal once the procedure under Vivaad se Vishwas Scheme will be completed. Thank You For, CMR Life Science Private Ltd. Sd/- (A.R.)” 2 The ld.DR has no objection if the appeal of the assessee is treated to be withdrawn in terms of scheme opted by the assessee.

3.

In the light of the above submission made by assessee, we find no reason to keep pending appeal of the assessee before the Tribunal. Accordingly, the appeal of the assessee stands dismissed. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any reasons, then the assessee will be at liberty to seek restoration of original appeal for adjudication before ITAT in accordance with law.

4.

In the result, the appeal of the assessee stands dismissed under VSV scheme. Order pronounced in the Court on 27th January, 2021 at Ahmedabad.

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