What did the Tribunal hold?

The Tribunal noted that the assessee had opted for the Vivad Se Vishwas scheme and a Form 3 was issued. Therefore, the appeal was allowed to be withdrawn.

The assessee filed an appeal for AY 2014-15. The assessee subsequently opted for the Direct Tax Vivad Se Vishwas Act and received Form 3, indicating their intention to settle the dispute.

What were the issues?

The primary issue was whether the appeal should continue when the assessee had opted for a settlement scheme under the Vivad Se Vishwas Act.

M/S Jhonson Chemicals Pvt Ltd vs ACIT | ITAT Patna 2021

Income Tax Appellate Tribunal, “PATNA ” BENCH, VIRTUAL

Before: Shri P.M. Jagtap(KZ) &Shri A. T. Varkey, JM]

Pronounced: 15.01.2021

ORDER Per Bench: This appeal has been preferred by the assessee against the order of the Ld.CIT(A), Patna-3 dated 30.04.2019 for AY 2014-15.

None appeared on behalf of the assessee. At the outset, it is noticed from the letter of the Director of the assessee company dated 22.12.2020 that the assessee had filed Form 1 and 2 under the Direct Tax Vivad Se Vishwas Act in respect of this appeal and the competent authority has issued Form no.3 on 17.12.2020. Therefore, taking into consideration the fact that since the assessee has opted for the Scheme for the AY 2014-15, there is no point in keeping the impugned appeal pending. In the light of the aforesaid discussion and the fact that assessee has opted for the said scheme and Form 3 has been issued by the Department, therefore, we allow the assessee to withdraw the impugned appeal.

Jhonson Chemicals Pvt. Ltd., AY 2014-15

In the result, the appeal of assessee is dismissed as withdrawn.

Order is pronounced in the open court.

M/S JHONSON CHEMICALS PVT LTD,PATNA vs. ACIT, CENTRAL CIRCLE-1, PATNA

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

Recent GST High Court judgments