What did the Tribunal hold?

The Tribunal held that the assessee's appeal no longer survived for adjudication due to the settlement under the Vivadse Vishwas Act. The Tribunal acceded to the assessee's request to withdraw the appeal.

The assessee filed an appeal before the ITAT against an order of the CIT(A) which had dismissed its appeal against an assessment order. The assessee subsequently opted for settlement under the Direct Tax Vivadse Vishwas Act, 2020.

What were the issues?

Whether an appeal before the ITAT can be withdrawn when the assessee has settled the tax dispute under the Direct Tax Vivadse Vishwas Act, 2020.

M/S Shri Nath Properties, Banda vs Astt. Commissioner of Income Tax… | s.143(3) | ITAT Lucknow 2021

Income Tax Appellate Tribunal, LUCKNOW “SMC” BENCH, LUCKNOW

Before: SHRI SANJAY ARORA

For Respondent: Shri Ajay Kumar, Sr. DR

Hearing: 16/11/2021

Heard together (2 matters)

I.T.A No.05/LKO/2020

I.T.A. No. 05/LKW/2020

Read from the judgment's own cause title. This page is filed under one of them.

Per Sanjay Arora, AM: This is an Appeal by the Assesseeagitating the Order by the Commissioner of Income Tax (Appeals)-1, Kanpur (‘CIT(A)’ for short) dated 05.11.2019, dismissing the assessee’s appeal contesting its’ assessment under section 143(3) of the Income Tax Act, 1961 (‘the Act’ hereinafter) for assessment year (AY) 2011-12 vide order dated 31.01.2014. 2. None appeared for and on behalf of the assessee-respondent when its’ appeal was called out for hearing. The learned counsel for the assessee, however,has, vide his application dated 08.10.2021, clarified that the assessee does not intend to prosecute it’s instant appeal, and has opted for settlement of its’ tax dispute with the Department under the Direct Tax Vivadse Vishwas Act, 2020 (DTVsV Act), and, consequently, seeks to withdraw its’ appeal. Certificate in Form-5 dated 1.4.2021, issued by the designated authority under the Act on the 2 ShriNath Propertiesvs Asst. CIT (AY 2011-12) conclusion of the proceedings there-under, signifying the settlement of the tax dispute under reference, is also enclosed alongwith.

In view of the foregoing, it is apparent that the assessee’s captioned appeal does not survive for adjudication by the Tribunal; the DTVsV Act itself providing for a vacation of the appeal before the appellate forum. I accordingly have no hesitation in, acceding to the assessee-appellants’ request, to which the ld. Sr. DR also did not raise any objection, permit the withdrawal of the said appeal. The assessee’s appeal, therefore, is dismissed as withdrawn/not maintainable. I decide accordingly.

In the result, the assessee’sappeal is dismissed in the above terms. Order pronounced in the open Court on November16, 2021 (Sanjay Arora) Accountant Member Dated: 16/11/2021 Aks Copy of the order forwarded to: Copy of order forwarded to: (1) The appellant (2) The respondent (3) Commissioner (4) CIT(A) (5) Departmental Representative (6) Guard File

M/S SHRI NATH PROPERTIES,BANDA. vs. ASTT. COMMISSIONER OF INCOME TAX, KANPUR

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

Latest GST High Court judgments