M/S. SUNSIL,BHARUCH vs. ACIT, CIRCLE-2, BHARUCH

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ITA 442/SRT/2019Status: DisposedITAT Surat01 November 2021AY 2012-132 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee's appeal was dismissed as withdrawn due to the approval of the Vivad se Vishwas Scheme application. The parties were granted liberty to seek restoration if the settlement was not finalized.

What were the facts?

The assessee filed an appeal before the ITAT against an order of the CIT(A). The assessee subsequently filed an application under the Vivad se Vishwas Scheme, 2020, which was approved.

What were the issues?

Whether the appeal should be dismissed as withdrawn consequent to the assessee opting for and being approved under the Vivad se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SURAT BENCH, SURAT

Before: SHRI PAWAN SINGH, JM &DR. A.L.SAINI, AM

For Appellant: Ms. Kinjal V Shah, C.A
For Respondent: Shri Deependra Kumar– Sr.DR
Hearing: 01/11/2021Pronounced: 01/11/2021

सुनवाईक�तारीख/ Date of Hearing : 01/11/2021 घोषणाक�तारीख/Date of Pronouncement : 01/11/2021 आदेश / O R D E R PER DR. A. L. SAINI, ACCOUNTANT MEMBER: Captioned appeal filed by the assessee pertaining to assessment year 2012- 13, is directed against the order passed by the learned Commissioner of Income Tax(Appeals)-2 Vadodara dated 17.07.2019, which in turn arises out of an assessment order passed by the Assessing Officer u/s 143(3) of the Income Tax 1961, dated 27.02.2015.

2.

We have heard Ld. Authorized Representative for the assessee and note that assessee’s appeal in 2012-13, which is listed for hearing today i.e. on 01.11.2021, Ld. AR for the assessee informs the Bench by way of letter dated 30.10.2021 that assessee has already filed an application in Form No.1 and 2 for settlement of its case under the Vivad se Vishwas Scheme 2020. The assessee’s application under Vivad Se Vishwas Scheme, for has been approved by the Ld.PCIT, Vadodara-1, bearing Certificate No.131756250080121 dated 08.01.2021, which is also placed before the Bench. The Assessee prayed for withdrawal of the appeal to which, the learned Departmental Representative did not raise any objection.

3.

We have gone through FORM-3 filed by the assessee to obtain the benefit of ‘Vivad Se Vishwas Scheme’ and noted that appeal of the assessee is dismissed as withdrawn with liberty to the assessee as well as to the Revenue that in case, if the application preferred by the assessee under VSV-2020 does not get finally settled for any reason whatsoever, then both the parties are at liberty to prefer Miscellaneous Application before this Tribunal for restoration of this appeal and in such event, the appeal shall be restored. The Assessing Officer is directed to pass consequential order as per CBDT Circular No.3/2021 dated 04.03.2021.

4.

In the result, appeal of the assessee is dismissed as withdrawn. Order is pronounced at the time of hearing of appeal on Monday, 1st November, 2021 in the Virtual Court of hearing.

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