PARVATI JOGIBHAI TANDEL,NANI DAMAN vs. ITO, DAMAN WARD, DAMAN

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ITA 47/SRT/2020Status: DisposedITAT Surat10 May 2021AY 2009-102 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal treated the appeal as withdrawn after the assessee opted for the Vivad Se Vishwas scheme and the revenue representative raised no objection. The Assessing Officer was directed to pass consequential orders.

What were the facts?

The assessee opted for the benefit of the Direct Tax Vivad Se Vishwas Act, 2020, and filed Form No. 3. The assessee's counsel requested withdrawal of the appeal based on this scheme.

What were the issues?

Whether an appeal can be withdrawn by the assessee upon opting for the Vivad Se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Direct Tax Vivad Se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SURAT BENCH, SURAT

Before: SHRI PAWAN SINGH & DR. ARJUN LAL SAINI

For Appellant: Shri Suresh K. Kabra, CA
For Respondent: Ms Anupama Singla, Sr. DR
Hearing: 10/05/2021Pronounced: 10/05/2021

O R D E R PER DR. A. L. SAINI, ACCOUNTANT MEMBER: At the outset itself, Shri Suresh Kabra, Learned Counsel for the assessee submitted letter dated 10.05.2021 stating that assessee has opted the benefit of the “Direct Tax Vivad Se Vishwas Act, 2020”. A copy of Form No. 3 under ‘the Direct Tax Vivad Se Vishwas Act, filed by the assessee in the Income Tax Department on 30.12.2020 was also placed before the Bench. Shri Suresh Kabra, by way of a letter dated 10.05.2021 prayed the Bench for withdrawal of the appeal to which, the learned Departmental Representative (in short “the ld. DR”) did not raise any objection.

2.

We have heard both the parties and gone through the Form No. 3 along with Acknowledgement No.963386040301220, 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. DR for the revenue did not have any objection if the said appeal is withdrawn by the assessee. Consequently, we treat this appeal as withdrawn. The Assessing Officer is directed to pass the consequential order as per CBDT Circular No.03/2021 dated 04.03.2021.

2 ITA.47/SRT/2020/AY.2009-10 Parvati Jogibhai Tandel 3. In the result, the appeal of the assessee (in AY.2009-10) is dismissed as withdrawn.

Order pronounced on 10/05/2021 at the time of Virtual Court Hearing.

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