What did the Tribunal hold?

The Tribunal noted that the assessee had availed the VSV Scheme and the Revenue had no objection. Therefore, the Revenue's appeal was dismissed in limine.

The Revenue filed an appeal against the CIT(A)'s order for AY 2011-12. The assessee had opted for the 'Vivad se Vishwas Scheme, 2020' (VSV).

What were the issues?

Whether the Revenue's appeal should be dismissed as the assessee has opted for the Vivad se Vishwas Scheme.

DCIT vs M/S Black Diamond Equipment… | s.143(3) | ITAT Raipur 2021

Income Tax Appellate Tribunal, “RAIPUR” BENCH, RAIPUR

Before: SHRI PRADIP KUMAR KEDIA & SHRI PAWAN SINGH

For Respondent: Shri R. B. Doshi, A.R

सुनवाई क� तार�ख / Date of 10/08/2021 Hearing घोषणा क� तार�ख /Date of 13/08/2021 Pronouncement आदेश/O R D E R PER PRADIP KUMAR KEDIA - AM:

The captioned appeal has been filed at the instance of the Revenue against the order of the Commissioner of Income Tax (Appeals), Bilaspur (‘CIT(A)’ in short), dated 23.01.2015 arising in the assessment order dated 24.02.2014 passed by the Assessing Officer (AO) under s. 143(3) of the Income Tax Act, 1961 (the Act) concerning AY 2011-12.

When the matter was called for hearing in the captioned Revenue’s appeal, learned counsel for the assessee at the outset submitted that the designated authority has already granted (DCIT vs. M/s. Black Diamond Equipment P. Ltd.) A.Y. 2011-12 - 2 - certificate electronically to the declarant assessee concerning the particulars of the tax arrears and the amount payable in prescribed Form-3 notified in ‘Vivad se Vishwas Scheme, 2020’ (VSV) read with Rules framed thereunder. The learned counsel accordingly submitted that he does not seek to defend the said appeal owing to exercise of option for availing VSV Scheme, and consequently urged that assessee’s request for closure of Revenue’s appeal may please be granted.

The ld. Departmental Representative for the Revenue stated that he has no objection to withdraw its appeal having regard to the application from assessee to avail the ongoing scheme.

In the light of written request made on behalf of the captioned assessee, the appeal of Revenue is dismissed in limine. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any reasons, then the Revenue will be at liberty to seek restoration of original appeal for hearing before ITAT in accordance with law.

In the result, the captioned appeal of Revenue is dismissed in limine.

This Order pronounced in Open Court on 13/08/2021

DY.C.I.T. CIRCLE KORBA, KORBA(CG) vs. M/S BLACK DIAMOND EQUIPMENT P.LTD., KORBA(CG)

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

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