MAHESH MURLIDHAR PUNDE,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE -2(3), PUNE

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ITA 1115/PUN/2018Status: DisposedITAT Pune27 August 2020AY 2013-143 pages

In favour of the Revenue: the assessee'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, including filing declarations and obtaining a certificate. Therefore, the Tribunal permitted the withdrawal of the appeals.

What were the facts?

The assessee filed appeals against penalties imposed under Section 271(1)(c). The assessee subsequently opted to settle the dispute under the Direct Tax – Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether the assessee's appeals should be dismissed as withdrawn due to opting for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE – VIRTUAL COURT

Before: SHRI P.M. JAGTAP(K/Z) & SHRI S.S. VISWANETHRA RAVI

For Respondent: Shri Alok Malviya

Mahesh Murlidhar Punde Vs. DCIT, Central Circle- Adinath Krupa, Sr.No.76/3, 2(3), Pune Jagtap Nagar, Wanawadi, Pune – 411040 PAN : AKCPP9078P Appellant Respondent Assessee by None (withdrawal application) Revenue by Shri Alok Malviya, Date of hearing 28-08-2020 Date of pronouncement 28-08-2020 आदेश / ORDER PER P.M. JAGTAP, VP :

These appeals filed by the assessee are directed against a common order of Ld.CIT(A)-12, Pune, dated 28.03.2018, whereby he confirmed the penalties imposed by the Assessing Officer u/s 271(1)(c) of the Income-tax Act, 1961 for A.Ys. 2008-09 to 2013-14 as under: Assessment Year Penalty imposed (Rs) 2008-09 1,21,472 2009-10 1,78,947 2010-11 1,85,786 2011-12 8,57,962 2012-13 14,80,674 2013-14 1,59,506

2.

In this case, the assessee has moved applications seeking withdrawal of these appeals filed by him on the ground that he has opted to settle the dispute involved in the said appeals under the Direct Tax – Vivad Se Vishwas Scheme, 2020. It is also stated in the said applications that required declarations in the prescribed Form No.1 and Form No.2 have been filed by the assessee and the Designated Authority has also issued certificates in Form No.3. The copies of which are enclosed herewith to the applications.

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.

4.

As already noted, the assessee has duly filed the declarations in Form 1 and Form 2 and the Designated Authority has also issued the certificate in Form 3 as per section 5(1) of the Scheme determining the tax payable by the assessee under the Scheme. On receipt of the said certificate in Form 3, the assessee is now seeking to withdraw this appeal as required under the Scheme and keeping in view that the assessee has duly complied with the necessary requirements under the Scheme, we permit the withdrawal of this appeal filed by the assessee and dismiss the same as withdrawn.

5.

In the result, all the appeals filed by the assessee are dismissed as withdrawn.

Order pronounced in the open Court on 28th August, 2020

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