M/S. SATYAM SAI BUILDERS PVT. LTD.,MUMBAI vs. THE INCOME TAX OFFICER, WARD-2(1)(2), SURAT

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ITA 575/SRT/2018Status: DisposedITAT Surat05 July 2021AY 2011-122 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal considered the assessee's settlement under the Vivad se Visvas Scheme and the Revenue's no objection. The appeal was dismissed as withdrawn, with liberty to restore it if the settlement failed.

What were the facts?

The assessee filed an appeal against the CIT(A) order for AY 2011-12. The assessee subsequently applied for and received benefits under the Vivad se Visvas Scheme-2020, settling the dispute with the department.

What were the issues?

Whether an appeal should be dismissed as withdrawn when the assessee has settled the dispute under the Vivad se Visvas Scheme.

Which sections of the Income-tax Act were involved?

Section 254(1)

AI-generated summary — verify with the full judgment below

Assessee by Mr. Sapnesh Sheth, AR Revenue by Ms. Anupama Singla, Sr-DR Date of hearing 05/07/2021 05/07/2021 Date of pronouncement Order under section 254(1) of Income Tax Act PER PAWAN SINGH, JUDICIAL MEMBER:

1.

1.

This appeal by assessee is directed against the orders of ld. Commissioner of Income tax (Appeals)-2, Surat dated 18.05.2018 for the assessment year (AY) 2011-12. The appeals came up hearing on 05/07/2021, the learned authorised representative submits that the assessee has applied for seeking the benefits of Vivad se Visvas Scheme -2020 (VSV-20) and has settled the dispute with department and has received Form-3 of VSV-20 bearing acknowledgement No. -801937780101220, dated 10.12.2020, from designated authority and prayed for withdrawal of appeal.

2. On the other hand the learned Senior Departmental Representative (Sr. DR) submits that she has no objection if the appeal of the assessee is dismissed as withdrawn. 1 (AY 2011-12) M/s Satyam Sai Builders Pvt. Ltd.

3.

We have considered the contents of the application filed by the assessee and the submissions of Sr. DR for the revenue. Considering the facts that the assessee has settled the dispute with the department under VSV-20, and has received Form-3 of VSV -20, the appeal of the assessee is dismissed as withdrawn with liberty to the assessee as well as to the revenue that in case, if the application preferred by the assessee under VSV-20 does not get finally settled for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 appeals shall get 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 the appeal of the assessee is dismissed as withdrawn.

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