M/S MAHARAJA SALT TRADERS,NAWADA vs. I.T.O., WARD-2(5), BIHARSHARIF

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ITA 17/PAT/2018Status: DisposedITAT Patna18 January 2021AY 2012-132 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeal as withdrawn with the condition that it would be restored if the Vivad Se Vishwas application was not approved. The assessee was allowed to withdraw the appeal based on this condition.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order. The assessee then filed a declaration under the Vivad Se Vishwas Scheme, 2020, and requested an adjournment pending the receipt of Form 3.

What were the issues?

Whether the appeal should be adjourned or dismissed as withdrawn pending the outcome of the Vivad Se Vishwas Scheme application.

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, PATNA BENCH “SMC” AT KOLKATA

Before: Shri Sanjay Garg

O R D E R This is an appeal filed by the Assessee against the order dated 16.11.2017 of the Commissioner of Income-tax (Appeals)-I, Patna [hereinafter referred to as ‘CIT(A)’].

2.

Assessee has furnished an application for adjournment of the appeal stating therein as under:- “1. The captioned appeal is fixed for hearing on 18th of January, 2021.

1.

2. It is respectfully submitted that appellant has filed a declaration under the Direct Tax Vivad Se Vishwas Act, 2020. A copy of Form 1 and Form 2 are enclosed of this application.

3.

It is therefore prayed that captioned appeal may kindly be adjourned to be taken up after receipt of Form 3 from the Learned Pr.cit. The appellant shall immediately communicate on receipt of Form 3 so as to withdraw the captioned appeal.

4.

The appellant shall be highly grateful for the kind acceptance of the prayer mentioned here-in-above. Yours sincerely, For IPSO legal Sd/- Shyam Sundar Shyam Sundar Counsel for the assessee A.Y. 2012-13 M/s Maharaja Salt Traders Vs. ITO Wd-2(5), Biharsharif Page 2 3. During the course of hearing the Ld. Counsel for the Assessee has submitted that since the assessee has availed the “Vivad Se Vishwas Scheme 2020” and that Form 3 in response to the application filed by the assessee, under section 5(1) of the Direct Tax Vivad se Vishwas Act, 2020 is awaited therefore, the appeal of the assessee may be adjourned, in the alternative protection may be granted that if the application under the scheme is rejected by the authorities, the present appeal may be restored. He has submitted that if such an assurance is recorded in the order, he may be allowed to withdraw the present appeal before the Tribunal. The Ld. DR has not objected to the conditional withdrawal of the appeal.

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