What did the Tribunal hold?

The Tribunal noted the assessee's intention to settle the dispute under the Vivad Se Vishwas scheme and directed rectification of the appeal number in the application. The appeal was dismissed as withdrawn, with liberty to restore it if the VSV settlement was not finalized.

The assessee filed an appeal before the ITAT. The assessee subsequently opted for the Direct Tax Vivad Se Vishwas Act, 2020, and filed an application for settlement. However, the appeal number mentioned in the VSV application was incorrect.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas settlement scheme, despite a minor error in the application.

Shri Manish Ratanchand Param vs ITO | ITAT Surat 2021

Income Tax Appellate Tribunal, SURAT BENCH, SURAT

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

Hearing: 04/06/2021Pronounced: 04/06/2021

O R D E R

PER DR. A. L. SAINI, ACCOUNTANT MEMBER:

This appeal by the assessee is directed against the order of ld.Commissioner of Income Tax(Appeals)-1, [Ld.CIT(A)], Surat dated 07.09.2017 for the assessment year 2007-08.

At the outset itself, we note that none appeared on behalf of the assessee, however, assessee has submitted an application in the Registry dated 30.03.2021 stating therein that he has opted the benefit of the “Direct Tax Vivad Se Vishwas Act, 2020”. A copy of FORM-3 under ‘the Direct Tax Vivad Se Vishwas Act, filed by the assessee in the Income Tax Department on 11.01.2021, vide Certificate No.201213010110121 issued by Principal Commissioner of Income Tax, Surat- 1 for ITA No.337/SRT/2017. We find that the assessee while filing the application before designated authority, for availing the benefit of VSV-20, mentioned the appeal no. as which is not the correct number of assessee’s

A.Y. 2007-08 Shri Manish Ratanchand Parmar appeal. The correct number of assessee’s appeal is therefore, the concerned authorities are directed to rectify the mistake. Further considering the facts that the assessee has settled the dispute with the department for assessment by vailing the benefit for scheme under VSV-20, and has received Form-3 of VSV-20, the appeal of the assessee is dismissed as withdrawn with liberty to the assessee as well as to the revenue that in case, if the application preferred by the assessee under VSV-20 does not get finally settled for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 or any further direction and in such event, the appeals shall get restored. The Assessee prayed in the application for withdrawal of the appeal to which, the learned Departmental Representative did not raise any objection.

We have gone through the FORM-3 filed by the assessee to obtain the benefit of ‘Vivad Se Vishwas Scheme’ and noted that assessee has prayed for withdrawal of the appeal. The Ld.Sr.DR for the Revenue did not have any objection if the said appeal is withdrawn by the assessee company. Consequently, we treat this appeal as withdrawn.

In the result, appeal of the Assessee (in AY.2007-08) is dismissed as withdrawn.

SHRI MANISH RATANCHAND PARAM,SURAT vs. INCOME TAX OFFICER, WARD -2(2)(3), SURAT

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