SHRI JUGAL K. AGARWAL,SURAT vs. THE ACIT, CIRCLE-1(1)(2), SURAT

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ITA 2/SRT/2019Status: DisposedITAT Surat17 February 2021AY 2008-093 pages
AI SummaryDismissed

What did the Tribunal hold?

The tribunal allowed the assessee to withdraw all appeals. This was based on the assessee settling all disputes, including the penalty, with the Revenue under the Vivad se Visvas Scheme, 2020.

What were the facts?

The assessee filed three appeals against orders of the CIT(A) concerning assessment years 2007-08 and 2008-09, including a penalty under Section 271(1)(c). The assessee later sought to withdraw these appeals.

What were the issues?

Whether the assessee can withdraw appeals after settling disputes under the Vivad se Visvas Scheme. The primary issue was the resolution of tax disputes through a settlement 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: 17.02.2021

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

1.

1.

These three appeals by the same Assessee are directed against the separate orders of ld. Commissioner of Income Tax (Appeals)-1, Surat for assessment years (A.Ys.) 2007-08 & 2008-09. In in appeal for A.Y. 2007- 08 the assessee has assailed the order of Ld. CIT(A) dated 27.01.2014 in quantum assessment. In ITA No. 869/Ahd/2014 in appeals for AYs 2008-09, the assessee has assailed the order of Ld. CIT(A) dated 27.01.2014 in quantum assessment and in ITA No. 02/Srt/2019, the assessee has Jugal K.Agarwal Vs. ACIT, Circle-1 (C(1)(4)),Surat.(03 Appeals)/ ITA No’s.868 & 869/AHD/2014 & 02/SRT/2019 for A.Y. 2007-08, 08-09 & 2008-09 assailed the penalty levied under section 271(1)(c)and confirmed by Ld. CIT(A) vide order 24.07.2017.

2. All three appeals came up for hearing on 17th February 2021. The assessee has already submitted an application dated 27.01.2021 for withdrawal of all the appeals on the ground that the assessee has settled all the dispute of payment of tax for both the assessment years including the penalty levied under section 271(1)© with the Revenue under Vivad se Visvas Scheme -2020.

3. The learned Authorised representative (AR) for the assessee submits that the assessee has already received Form-3, for both the assessment years, vide Certificate No.812381230131220 in ITA No.868/AHD/2014 (for A.Y. 2007-08) and No. 812376490131220 in ITA No.869/AHD/2014 (for A.Y. 2008-09) respectively, issued from the office of Principal Commissioner of Income Tax, Surat-1, dated 13.12.2020 copies of which are filed. The Ld. AR for the assessee submits that the assessee shall pay the full and final demand as per undertaking given by assessee. The Ld.AR of assessee prayed for withdrawal of the all the appeals.

Jugal K.Agarwal Vs. ACIT, Circle-1 (C(1)(4)),Surat.(03 Appeals)/ ITA No’s.868 & 869/AHD/2014 & 02/SRT/2019 for A.Y. 2007-08, 08-09 & 2008-09 4. The ld. Departmental Representative (Sr.DR) appearing for the Revenue has no objection if the appeals of assessee are dismissed as withdrawn. 5. Considering the submissions of the both the parties the assessee is allowed to withdraw all his appeals. Resultantly, all the appeals of the Assessee are dismissed as withdrawn.

Order pronounced at the time of hearing of appeal on 17th February 2021 in the Virtual Court hearing.

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