SHRI NIKHIL MAHAJAN,PATHANKOT vs. INCOME TAX OFFICER, WARD-6(2), PATHANKOT

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ITA 390/ASR/2018Status: DisposedITAT Amritsar07 December 2021AY 2015-163 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee had opted for settlement under the Vivad se Vishwas Act and the Revenue did not controvert this fact. Therefore, the appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal before the ITAT. During the pendency of the appeal, the assessee opted to settle the dispute under the Direct Tax Vivad se Vishwas Act, 2020.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for settlement under the Vivad se Vishwas Act.

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, AMRITSAR BENCH, AMRITSAR.

Before: SHRI. RAVISH SOOD & DR. M. L. MEENA

For Appellant: Shri P. N. Arora, Adv
For Respondent: Smt Ratinder Kaur, DR
Hearing: 13/12/2021Pronounced: 13/12/2021

O R D E R

PER DR. M. L. MEENA, AM.

1.

The present appeal filed by the assessee is directed against the order passed by the CIT(A)-2, Amritsar, which in turn arises from the assessment order passed by the A.O under Sec. 143(3) of the Income-tax Act, 1961, dated 18/12/12017 for assessment year 2015-16.

2.

At the very outset of the hearing of the appeal, the ld A.R for the assessee submitted that the assessee has opted to settle the dispute under the Direct Tax Vivad se Vishwas Act, 2020. The assessee has filed before us a copy of the “Form 5” issued by the Pr. CIT, Amritsar dated 09.04.2021. Backed by the aforesaid facts, it was requested by ld. A.R that the captioned appeal may be allowed to be withdrawn.

3.

The ld. D.R did not controvert the aforesaid factual position that was canvassed before us.

4.

In view of the above, we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme the assessee shall be at a liberty to approach the Tribunal for restoration of his appeal.

5.

Resultantly, the appeal is dismissed as withdrawn subject to the observations recorded hereinabove.

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