DECHEM PLASTICS PRIVATE LIMITED,BHIWADI vs. ITO, WARD, BHIWADI

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ITA 11/JPR/2020Status: DisposedITAT Jaipur01 September 2020AY 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 noted that the assessee had opted for the Vivad Se Vishwas Scheme, rendering the appeal infructuous. Therefore, the appeal was dismissed.

What were the facts?

The assessee filed an appeal against the order of the CIT(A) for AY 2015-16. The assessee sought an adjournment to opt for the 'Vivad Se Vishwas Scheme-2020'.

What were the issues?

Whether an appeal is maintainable when the assessee has opted for a settlement scheme like 'Vivad Se Vishwas'.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JAIPUR BENCHES,”B” JAIPUR

Before: SHRI RAMESH C SHARMA, AM & SHRI SANDEEP GOSAIN, JM vk;dj vihy la-@ITA No.11/JP/2020

For Appellant: Ms. Shivagi Samdhani, CA jktLo dh vksj ls@
For Respondent: Smt. Runi Paul , Addl. CIT DR
Hearing: 02/09/2020

lquokbZ dh rkjh[k@ Date of Hearing : 02/09/2020 mn?kks"k.kk dh rkjh[k@Date of Pronouncement: 03 /09/2020 vkns'k@ ORDER PER SANDEEP GOSAIN, J.M. The present appeal has been filed by the assessee against the order of ld.CIT (A), Alwar dated 08.11.2019 for the Assessment Year 2015- 16 passed under section 143(3) of the Income Tax Act, 1961 (in short the ‘’Act’’). Due to prevailing COVID-19 pandemic condition, the hearing of the appeal is concluded through video conference.

2.

The assessee has moved an application dated 01-09-2020 for seeking adjournment on the ground that the assessee has opted for “Vivad Se Vishwas Scheme-2020” to settle his tax liability with the Department. The 1 M/s. Dechem Plastics Pvt. Ltd vs ITO, Ward- Bhiwadi Bench noted that since the assessee has already opted for resolution of dispute and tax liability under “Vivad Se Vishwas Scheme-2020”, therefore, it is not imperative to grant adjournment to the assessee. Hence, the appeal of the assessee is dismissed as no cause of action subsists for maintenance of the present appeal for which the ld. DR has no objection. In view of the above facts and circumstances of the case, the appeal of the assessee is dismissed.

3.

In the result, the appeal of the assessee is dismissed Order pronounced in the open court on 03/09/2020.

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