THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, GUNTUR vs. DECCAN JEWELLERS PVT. LTD., GUNTUR

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ITA 573/VIZ/2019Status: DisposedITAT Visakhapatnam11 February 2021AY 2017-20193 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee's appeal to be dismissed as withdrawn. Consequently, the Revenue's appeal was also dismissed as infructuous.

What were the facts?

The assessee filed an application to withdraw their appeals before the ITAT. This was due to availing the Vivad Se Vishwas scheme, for which the Income Tax Department had issued Form No. 5.

What were the issues?

Whether the assessee's appeal could be dismissed as withdrawn due to availing the Vivad Se Vishwas scheme. The consequence of this on the Revenue's appeal.

Which sections of the Income-tax Act were involved?

Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI N.K. CHOUDHRY, HON’BLE & SHRI D.S. SUNDER SINGH, HONBLE

For Appellant: Shri M.V. Prasad, FCA
For Respondent: Shri D.K. Sonawal, CIT DR
Hearing: 11/02/2021

Heard together (2 matters)

I.T.A. No. 573/VIZ/2019
I.T.A. No. 664/VIZ/2019

Read from the judgment's own cause title. This page is filed under one of them.

O R D E R Per N.K. Choudhry, Judicial Member:

These cross appeals have been preferred by the Revenue and the assessee against the order dated 19/07/2019 impugned herein passed by the ld. CIT(A)-3, Visakhapatnam u/sec. 250(6) of the Income Tax Act, 1961 (hereinafter referred to as the "Act") for the A.Y. 2017-18.

2.

The assessee has preferred an application under consideration dated 28/01/2021 for withdrawal of the appeals.

3.

At the outset, ld.AR has submitted that since assessee has availed the immunity scheme i.e. Vivad Se Vishwas under the Direct Tax Vivad se Vishwas Act, 2020 and the Income Tax Department has issued Form No.5, dated 31/12/2020 in response to the application filed by the assessee under the scheme, therefore appeal of the assessee may be allowed to be dismissed as withdrawn and also requested to dismiss the appeal of the Revenue as infructuous.

4.

The Ld. DR has raised no objection, if the appeal of the assessee is allowed to be dismissed as withdrawn and also appeal of the Revenue may be dismissed as infructuous.

5.

Having heard both the parties and perused the application for withdrawal of the appeals and Form No.3 (Copy already on record) issued by the Department. Considering the facts and circumstances of the case, the appeal of the assessee is liable to be dismissed as withdrawn and the appeal of the Revenue is also liable to be dismissed as infructuous, hence ordered accordingly.

6.

In the result, appeal of the Revenue stands dismissed as infructuous and appeal of the assessee stands dismissed as withdrawn. Order Pronounced in open Court on this 11th day of Feb., 2021.

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