INCOME TAX OFFICER, WARD -2 (5), PUNE vs. M/S PERFECT AUTO COATING, PUNE

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ITA 132/PUN/2020Status: DisposedITAT Pune29 October 2020AY 2015-20163 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee had complied with the requirements of the Vivad Se Vishwas Scheme. Therefore, the Tribunal permitted the withdrawal of the appeal.

What were the facts?

The assessee filed an appeal before the ITAT. Subsequently, the assessee opted to settle the dispute under the Direct Tax – Vivad Se Vishwas Scheme, 2020, and filed the necessary declarations and received a certificate from the Designated Authority.

What were the issues?

Whether the assessee's appeal can be withdrawn after opting for settlement under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Direct Tax – Vivad Se Vishwas Scheme, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, PUNE

Before: SHRI INTURI RAMA RAO, AM & SHRI S. S. VISWANETHRA RAVI, JM

Hearing: 29.10.2020Pronounced: 29.10.2020

ORDER

PER INTURI RAMA RAO, AM:

1.

This is appeal filed by the assessee directed against order of the Commissioner of Income Tax (Appeals)-3, Pune (‘CIT(A)’ for short) dated 01.11.2019 for the Assessment Year 2015-16.

2.

The assessee-company has moved an application dated 27.10.2020 seeking withdrawal of this appeal filed by it on the ground that it has opted to settle the dispute involved therein under the Direct Tax – Vivad Se Vishwas Scheme, 2020. It is also stated in the said application that the required declarations in the prescribed Form No.1 and Form No.2 have been filed by 2 the assessee and the Designated Authority has also issued certificate in Form No.3, the copies of which are enclosed with the application. 3. The Direct Tax Vivad Se Vishwas Act, 2020 has introduced a Dispute Resolution Scheme, which is applicable to all appeals/petitions filed by the tax-payers or Income Tax Department, which were pending until 31st January, 2020 before any Appellate Forum including the Income Tax Appellate Tribunal. The procedure to avail the said Scheme is prescribed as under:- (i) Filing of declaration in Form 1 and Form 2 Declaration under section 4(1) of the Scheme shall be made in Form 1 consisting of the details regarding the appeal to be settled. Undertaking to be furnished by the declarant in Form 2 concerning the waiving of his right to seek or pursue any remedy under any law is to be accompanied along with Form 1. (ii) Certificate from the Designated Authority in Form 3 The Designated Authority within 15 days from the receipt of the declaration in Form 1 and Form 2 will issue a certificate in Form 3 under section 5(1) of the Scheme determining the amount payable under the Scheme. (iii) Payment of taxes and withdrawal of appeal The declarant shall pay the amount (if not already paid) as determined in Form 3 within 15 days from the date of receipt of such certificate. The declarant is also required to withdraw the appeal for which the declaration is filed after receipt of certificate under section 5(1) of the Scheme.

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