GIRIRAJ INFOTECH (P) LTD.,RAIPUR vs. INCOME TAX OFFICER 2(1), RAIPUR

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ITA 83/RPR/2019Status: DisposedITAT Raipur29 July 2021AY 2011-123 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee's application to withdraw the appeal as the assessee had availed the Vivad se Vishwas scheme. The assessee was granted liberty to seek recall of the order if unforeseen circumstances arose.

What were the facts?

The assessee filed an appeal against an order passed by the Principal Commissioner of Income Tax under Section 263(1). The assessee later applied for withdrawal of the appeal.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 263(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAIPUR BENCH, RAIPUR

Before: SHRI PRADIP KUMAR KEDIA, HONBLE & SHRI N.K. CHOUDHRY, HON’BLE

For Appellant: Shri Amit M. Jain, CA
For Respondent: Shri R.K. Singh, CIT DR
Hearing: 29/07/2021

Per N.K. Choudhry, Judicial Member:

1.

This appeal has been preferred by the Assessee against the order dated 29/03/2019 impugned herein passed by the Ld. Principal Commissioner of Income Tax-1 [for short, “Ld. Commissioner”], Raipur u/sec. 263(1) of the Income Tax Act, 1961 (hereinafter referred to as the "Act") for the A.Y. 2011-12.

2.

The Assessee has preferred an application under consideration dated 26/07/2021 for withdrawal of the appeal.

(M/s. Giriraj Infotech Pvt. Ltd.) 3. During the course of hearing, 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.3, dated 01/03/2021 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application filed by the Assessee under the scheme, therefore appeal of the Assessee may be allowed to be dismissed as withdrawn with liberty to seek recall of the order in case any unforeseen circumstances would arise in future.

4.

The Ld. DR raised no objection, if the appeal of the Assessee is allowed to be dismissed as withdrawn.

5.

Having heard both the parties and perused the application for withdrawal of the appeal and Form No.3 (Copy already on record) issued by the Department. Considering the facts and circumstances of the case, the appeal of Assessee is liable to be dismissed as withdrawn with liberty to seek recall of the order as prayed for in accordance with law, hence ordered accordingly.

6.

In the result, appeal of the Assessee stands dismissed as withdrawn. Order Pronounced in open Court on this 29th day of July, 2021.

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