SH. PARVEEN KUMAR,CHANDIGARH vs. DCIT, CHANDIGARH
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The tribunal dismissed the appeal as withdrawn, granting liberty to the assessee to seek restoration if the Vivad Se Vishwas application is not accepted.
What were the facts?
The assessee sought an adjournment of the appeal hearing to settle the tax dispute under the Direct Tax Vivad Se Vishwas Scheme. Form No. 3 was received, but tax payment was pending.
What were the issues?
Whether the appeal should be adjourned or dismissed as withdrawn in light of the assessee opting for the Vivad Se Vishwas Scheme.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
आदेश/Order
PER N.K. SAINI, VICE PRESIDENT:
This is an appeal filed by the Assessee against the order of the Ld. CIT(A)-2, Chandigarh dt. 16/02/2017.
During the course of hearing Ld. Counsel for the Assessee submitted an application for adjournment of hearing which read as under:
In the matter of relating to the assessment year 2012-13 fixed for hearing tomorrow the 17th of February, 2021.
Application for adjournment of hearing.
Respectfully showeth as under: The above appeal stands fixed for hearing tomorrow the 17th of February, 2021. But the assessee is availing the "The Direct Tax Vivad Se Vishwas" Scheme which has been announced by the Government and settle the tax dispute. Form No. 3 has been received but the assessee is yet to make payment of tax. The appeal shall be withdrawn after the payment of taxes.
It is, therefore, respectfully prayed that hearing in the above appeal may please be adjourned to some other date convenient to the Hon'ble Bench.
Sd/- (Tejmohan Singh) Advocate For: Shri Parveen Kumar, Chandigarh, 3. During the course of hearing the Ld. Counsel for the Assessee submitted that the assessee had moved applications before the concerned authority for availing the benefit under section 5(1) of the Direct Tax Vivad Se Vishwas Act, 2020. Ld. Counsel for the Assessee mentioned that although Form No. 3 had been issued by the Department but the tax not yet to be deducted.
The Ld. DR did not object to the aforesaid proposal of the Ld. Counsel for the Assessee.
In view of the above the appeal of the assessee is dismissed as withdrawn with a rider that in case the application moved by the assessee under section 5(1) of the Direct Tax Vivad Se Vishwas Act, 2020 is not accepted then the liberty is given to the assessee to move application in accordance with law for restoring the appeal.
In the result, appeals of the assessee is dismissed.
(Order pronounced in the open Court on 17/02/2021 )
More judgments on Section 5(1)
- Bajrang Singh Rajawat, Jaipur vs ITO Ward-7(2), JaipurITA 1120/JPR/2025[2014-15]Status: Disposed30 Jul 2026AY 2014-15
- Krrishraj Construction Pvt. Ltd., Ahmedabad vs The ACIT, Central Circle-3, SuratITA 1232/SRT/2025[2016-17]Status: Disposed4 May 2026AY 2016-17
- Krrishraj Construction Pvt. Ltd., Ahmedabad vs The ACIT, Central Circle-3, SuratITA 1231/SRT/2025[2015-16]Status: Disposed4 May 2026AY 2015-16
- Amit Satpathy, Mumbai vs ITO-42(2)(1), MumbaiITA 5930/MUM/2025[2017-18]Status: Disposed27 Feb 2026AY 2017-18
- Amish Anantrai Modi, Mumbai vs Central Circel 2(1), MumbaiITA 6281/MUM/2025[2011-2012]Status: Disposed9 Dec 2025AY 2011-2012
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