M/S. HARI KRISHNA GEMS,SURAT vs. THE DY. CIT, CIRCLE-8, NOW, DY.CIT, CIRCLE-3(2), SURAT
What did the Tribunal hold?
The Tribunal noted the assessee's prayer for withdrawal of the appeal under the Vivad Se Vishwas Scheme. The Departmental Representative did not object to the withdrawal.
What were the facts?
The assessee opted for the benefit of the Direct Tax Vivad Se Vishwas Act, 2020. The assessee filed Form-3 under the scheme and prayed for the withdrawal of the appeal.
What were the issues?
Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.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, JM & DR. A. L. SAINI, AM
O R D E R
PER DR. A. L. SAINI, ACCOUNTANT MEMBER:
At the outset itself, Shri Nitin Gheewala, learned counsel for the assessee, submitted before the Bench that assessee has opted the benefit of 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 13.12.2020 issued by Principal Commissioner of Income Tax, Surat-1, was also placed before the Bench. Shri Nitin Gheewala, CA, on behalf of the assessee submitted that assessee prayed for withdrawal of the appeal to which, the learned Departmental Representative (DR) did not raise any objection.
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. DR for the Revenue did not have any objection if the said appeal is withdrawn by the assessee. Consequently, we treat this appeal as withdrawn.
ITA 1016/AHD/2015 Assessment Year:2010-11 M/s. Hari Krishna Gems 3. In the result, the appeal of the assessee (in AY.2010-11) is dismissed as withdrawn.
Order is pronounced on 07/01/2021, as per Rule 34 of Income Tax Appellate Tribunal, Rule 1963.
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