M/S. JOGI DIAMONDS,SURAT vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(2), SURAT

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ITA 126/SRT/2017Status: DisposedITAT Surat15 January 2021AY 2012-132 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted the assessee's application for withdrawal and the Revenue's lack of objection. Consequently, the Tribunal treated the appeal as withdrawn.

What were the facts?

The assessee filed an appeal before the ITAT. The assessee later filed an application to withdraw the appeal as the dispute was settled under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the appeal should be withdrawn by the assessee due to settlement under the Vivad Se Vishwas Act.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SURAT BENCH, SURAT

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

Hearing: 15/01/2021Pronounced: 15/01/2021

O R D E R

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

1.

At the outset itself, we note that the assessee has moved an application for withdrawal of appeal on the ground that the assessee has already settled the dispute with the Revenue under 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 23.12.2020 vide Certificate No.875106610231220 issued by Principal Commissioner of Income Tax, Surat-1, was also verified by the Bench. The assessee prayed for withdrawal of the appeal to which, the learned Departmental Representative did not raise any objection.

2.

We have heard both the parties and gone through 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 The Ld.Sr.DR for the Revenue did not have any objection if the said appeal is withdrawn by the assessee. Consequently, we treat this appeal as withdrawn.

A.Y.2012-13 M/s.Jogi Diamonds Vs. DCIT, Circle-2(3), Surat

3.

In the result, the appeal of the assessee (in AY.2012-13) is dismissed as withdrawn.

Order is pronounced on 15/01/2021, as per Rule 34 of Income Tax Appellate Tribunal, Rule 1963.

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