NARENDRA KUMAR GUPTA,REWA vs. INCOME TAX OFFICER WARD -1, REWA

ITA 79/JAB/2019Status: DisposedITAT Jabalpur22 June 2021AY 2015-162 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeals become unmaintainable due to the assessee opting for the Vivad Se Viswas Scheme. However, the assessee reserves the right to seek restoration if the settlement is not accepted.

What were the facts?

The assessee filed appeals against an assessment order and a penalty order for AY 2015-16. The assessee had applied for settlement under the Vivad Se Viswas Scheme and received a certificate for the penalty appeal.

What were the issues?

Whether appeals are maintainable when the assessee has opted for settlement under the Vivad Se Viswas Scheme. The right of the assessee to seek restoration of appeals if settlement fails.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JABALPUR BENCH,

Before: SH. SANJAY ARORA, HONBLE

For Respondent: Smt. Swati Agarwal, Sr. DR
Hearing: 22/06/2021Pronounced: 22/06/2021

Per Sanjay Arora, AM This is a set of two Appeals by the Assessee directed against his assessment dated 25/09/2017 under section 143(3) and the levy of penalty u/s. 271(1)(c) of the Income Tax Act, 1961 ('the Act' hereinafter), both for assessment year 2015-16, on the confirmation thereof by the Commissioner of Income Tax (Appeals)-1, Jabalpur (‘CIT(A)’ for short) vide his Orders dated 01/10/2019 and 29/11/2019 respectively.

2.

At the very outset, it was submitted by Sh. Usrethe, the ld. counsel for the assessee, that the assessee has applied for settlement of the dispute under the ‘Vivad Se Viswas Scheme, 2019’, and has in

The order continues below.

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