SHREE SAI DEVELOPERS,DADRA & NAGAR HAVELI vs. THE ACIT.,CENT.CIRCLE-2, SURAT

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ITA 1392/AHD/2013Status: DisposedITAT Surat26 April 2021AY 2006-072 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal considered the assessee's application and the settlement under the Vivad-Se-Vishwas Scheme. Both appeals were dismissed as withdrawn.

What were the facts?

The assessee filed two appeals against the assessment order and penalty for AY 2006-07. The assessee later settled the dispute with the Department under the Vivad-Se-Vishwas Scheme, 2020.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to settlement under the Vivad-Se-Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SURAT BENCH, SURAT

Before: SHRI PAWAN SINGH, Honble & Dr.SHRI ARJUN LAL SAINI, Honble

Hearing: 26.04.2021

O R D E R PER PAWAN SINGH, JUDICIAL MEMEBER:

1.

1. 1. These two appeals by assessee, out of which first appeal ( is directed against the order of ld.Commissioner of Income Tax (Appeals)-II, Surat hereinafter referred as “ld.CIT(A)” dated 19.03.2013 in quantum assessment and second appeal in against the penalty levied by assessing officer under section 271(1)(c) of the Act for same assessment year i.e. 2006-07.

2. Both appeals came up hearing on 26th April 2021. The assessee has already filed application dated 23.04.2021 contending therein that the assessee has settled dispute with the Department under Vivad-Se-Vishwas Scheme–2020 and had already received Form-3. The assessee filed Form-3, for Shree Sai Developers Vs. ACIT, Central Circle-2, Surat. / for A.Y. 2006-07 each assessment year under Vivad se Vishwas Act, 2020 the details of which are as follows: i) For 1393/AHD/2013, A.Y.2006-07 FORM-3, dated 09.04.2021 vide Acknowledgment No.339498830090421 issued by PCIT, Valsad.

3.

The Ld.Authorised Representative (AR) for assessee prayed for withdrawal of both the appeals.

4.

The ld.Departmental Representative (Sr.DR) appearing for the Revenue has no objection if both the appeals of assessee are dismissed as withdrawn.

5.

We have considered the submission of both the parties and seen the contents of Form-3 (supra). Considering the contents of the application filed by the assessee and submission of Ld.AR for the assessee, both appeals of the assessee are dismissed as withdrawn being settled. Resultantly, the both appeals of the Assessee are dismissed. The AO is directed to pass consequential order as per CBDT Circular No.3/2021 dated 04.03.2021. Order pronounced on 26th April 2021 at the time of hearing of appeal.

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