THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1), SURAT vs. M/S. ARADHANA ESTATE PVT. LTD., SURAT

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ITA 2450/AHD/2016Status: DisposedITAT Surat04 January 2021AY 2013-143 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee had settled the dispute and received Form-3. The Revenue's representative accepted this and requested to withdraw the appeals.

What were the facts?

The Revenue filed appeals against the orders of the CIT(A) for AYs 2012-13 and 2013-14. The assessee had settled the disputes with the Income Tax Department under the Vivad se Vishwas Scheme, 2020.

What were the issues?

Whether the Revenue's appeals should be withdrawn due to the assessee settling the dispute under the Vivad se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SURAT BENCH, SURAT

Before: SHRI PAWAN SINGH & DR. ARJUN LAL SAINI

For Respondent: Shri Ritesh Mishra – CIT (DR)
Hearing: 04.01.2021Pronounced: 04.01.2021

PER BENCH:

1.

These two appeals by Revenue are directed against the order of ld. Commissioner of income tax (Appeals)- 3,Surat, dated 29.01.2016 and 18.07.2016 for assessment years (AYs) 2012-13 & 2013-14 respectively.

2.

These appeals came up hearing on 04h January, 2021. The assessee has already filed application on 28.12.2020, under the signature of its Director stating that the assessee has settled the dispute with the Income tax Department for both the assessment years under Vivad se Visvas Scheme -2020. The assessee has already received Form-3 for Aradhana Estate Pvt. Ltd. both the assessment years, copy of which is placed on record. The assessee prayed that Revenue be directed to withdraw their appeals.

3.

The ld. Commissioner Income Tax, Departmental Representative (CIT- DR) appearing for the Revenue accepted that the assessee has settled dispute with Revenue, Form-3 has already been received and would submits that he may be allowed to withdraw both the appeals, with the liberty to get the appeal revive if due tax if any is not paid by the assessee within the time limit allowed by ld. Principal Commissioner of Income Tax (PCIT), Surat-1. 4. Considering the contents of the application of the assessee and the submission of ld. Commissioner of Income Tax, Departmental Representative, both the appeals of Revenue are dismissed as withdrawn. The Revenue is given liberty to get the appeal revive, if due tax, if any, is not paid by the assessee, as per time allowed by ld. PCIT to deposit the due tax. Order announced at the time of hearing of appeal on 04th January 2021 in the Virtual Court hearing. (Dr ARJUN LAL SAINI) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER Surat, Dated: 04.01.2021 SAMANTA,PS Copy to:

1.

Appellant

2.

Respondent

3.

CIT(A)

4.

Pr.CIT

5.

DR Aradhana Estate Pvt. Ltd./ By order ////

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