SHREYANSH KUMAR GOLCHHA,GUWAHATI vs. INCOME TAX OFFICER, WARD-4(3), GUWAHATI

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ITA 389/GTY/2019Status: DisposedITAT Guwahati12 January 2021AY 2015-162 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee to withdraw the appeal, noting that the Vivad Se Vishwas Scheme provided a way to settle the dispute. The assessee was granted liberty to recall the order if the scheme was not accepted.

What were the facts?

The assessee opted for the Direct Tax Vivad Se Vishwas Scheme, 2020, and had filed the necessary forms. The assessee informed the Tribunal about this decision and requested to withdraw the appeal.

What were the issues?

Whether the appeal should be withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

None

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, GAUHATI BENCH, “VIRTUAL

Before: Shri A. T. Varkey, JM]

Hearing: 12.01.2021Pronounced: 12.01.2021

ORDER This appeal is preferred by the assessee against the order of Ld. CIT(A), Guwahati-2, Guwahati dated 31-05-2019 for assessment year 2015-16.

2.

None appeared on behalf of the assessee. At the outset, it is noticed from the letter of the assessee dated 17.08.2020 that the assessee had opted for Direct Tax Vivad Se Vishwas Scheme, 2020 (hereinafter, the ‘scheme’) and had filed Form-1 & Form-2 before the Competent Authority and is awaiting the issue of Form No. 3 from the Competent Authority. Therefore, taking into consideration the fact that since the assessee has opted for the Scheme for the AY 2015-16, there is no point in keeping the impugned appeal pending.

3.

In the light of the aforesaid discussion, I treat this submission of the assessee informing the Tribunal the fact that assessee has opted for the said scheme, therefore, I allow the assessee to withdraw the impugned appeal. In case, if the competent authority as per the scheme does not accept the assessee’s proposal to opt for the Vivad Se Vishwas Scheme, 2020, then the assessee is at liberty to move an application for recalling this order. With the aforesaid caveat, I allow the assessee to withdraw the captioned appeal. Shreyansh Kumar Golchha, AY 2015-16 4. Needless to say that my aforesaid action allowing the assessee to withdraw the appeal, will not come in the way of the competent authority of Revenue to accept the assssee’s said option/scheme for availing “Vivad Se Vishwas Scheme, 2020”.

5.

In the result, the appeal of assessee is dismissed as withdrawn.

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