INCOME TAX OFFICER, WARD-3(3), RAIPUR vs. SHRI RAMESH VARDIYANI, RAIPUR

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ITA 132/RPR/2019Status: DisposedITAT Raipur12 August 2021AY 2012-133 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeals as the assessees had opted for the 'Vivad se Vishwas Scheme'. The Revenue was granted liberty to seek restoration if the assessee fails to avail the scheme's benefits.

What were the facts?

The Revenue filed appeals against orders of the CIT(A) concerning penalty under section 271E and assessment under section 147 r.w.s. 143(3). The assessees had opted for the 'Vivad se Vishwas Scheme, 2020'.

What were the issues?

Whether the Revenue's appeals should be dismissed in light of the assessees' participation in the 'Vivad se Vishwas Scheme'.

Which sections of the Income-tax Act were involved?

Section 271E,Section 147,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “RAIPUR” BENCH, RAIPUR

Before: SHRI PRADIP KUMAR KEDIA & SHRI PAWAN SINGH

For Respondent: Shri R. B. Doshi, C.A. (in ITA No

Heard together (2 matters)

I.T.A. No. 132/RPR/2019
I.T.A. No. 133/RPR/2019

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

The captioned appeals have been filed at the instance of the Revenue against the separate orders of the Commissioner of Income Tax (Appeals)-I, Raipur (‘CIT(A)’ in short), dated 14.02.2019 & 20.02.2019; respectively; arising in the penalty order dated 16.02.2018 (in Assessing Officer (AO) under s.271E of the Income Tax Act, 1961 (the Act) concerning AY 2012-13 & assessment order dated 19.12.2017 (in passed by the AO under s. 147 r.w.s. 143(3) of the Act concerning A.Y. 2010-11.

2.

When the matters were called for hearing in the captioned Revenue’s appeals, learned counsel for the assessee at the outset submitted that the designated authorities have already granted certificates electronically to the declarant assessees 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 they do not seek to defend the said appeals owing to exercise of option for availing VSV Scheme, and consequently urged that assessees’ request for closure of Revenue’s appeals may please be granted.

3.

The ld. Departmental Representative for the Revenue stated that he has no objection to withdraw its appeals having regard to the applications from both assessees to avail the ongoing scheme.

4.

In the light of written requests made on behalf of the captioned assessees, both the appeals of Revenue are dismissed in & 133/RPR/19 (Shri Ramesh Vardiyani & Shri Bhanwar Lal Agrawal) - 3 - 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 appeals for hearing before ITAT in accordance with law.

5.

In the result, both captioned appeals of Revenue are dismissed in limine.

This Order pronounced in Open Court on 12/08/2021

Sd/- Sd/- (PAWAN SINGH) (PRADIP KUMAR KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER Raipur: Dated 12/08/2021 True Copy S. K. SINHA आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. राज�व / Revenue 2. आवेदक / Assessee 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त- अपील / CIT (A) 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, रायपुर / DR, ITAT, RAIPUR 6. गाड� फाइल / Guard file. By order,

Sr. Private Secretary ITAT, Raipur (on Tour)

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