ITO, WARD 2(1)(1), AHMEDABAD vs. KESAR BUILDCON PVT LTD., AHMEDABAD

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ITA 1820/AHD/2017Status: DisposedITAT Ahmedabad06 January 2021AY 2013-142 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee had availed the benefit of the Vivad Se Vishwas Scheme and the Revenue had no objection. Therefore, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee subsequently resolved the issue with the department by opting for the Vivad Se Vishwas Scheme.

What were the issues?

Whether the Revenue's appeal should be withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 5(1) of the Direct Tax Vivad Se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, AHMEDABAD

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

Hearing: 07/01/2021Pronounced: 07/01/2021

PER RAJPAL YADAV, VICE-PRESIDENT:

1.

The above appeal filed by the Revenue arises from order of the Commissioner of Income Tax (Appeals)-2, Ahmedabad dated 15.5.2017 for assessment year 2013-14.

2.

When the matter was called for hearing, it is noticed that the assessee has filed a letter dated 17.12.2020 stating that the assessee has resolved the issue with the department by availing benefit under Vivad Se Vishwas Scheme, and therefore, the appeal of the Revenue requires to be withdrawn in terms of scheme. The assessee has filed copy of form no.3 being the certificate issued under section 5(1) of the Direct Tax Vivad Se Vishwas Act, 2020. The ld.DR has no objection

Revenue is treated to be withdrawn in terms of scheme opted by the assessee.

4.

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

5.

In the result, the appeal of the Revenue is dismissed under VSV scheme. Order pronounced in the Court on 7th January, 2021 at Ahmedabad.

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