What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw the appeal. The appeal was dismissed as withdrawn with liberty to the assessee to seek restoration if there were issues with the Vivad Se Vishwas certificate.

The assessee company decided to settle the dispute under the Direct Tax – Vivad Se Vishwas Scheme, 2020. The assessee had filed the necessary declarations, but the Designated Authority had not yet issued the certificate.

What were the issues?

The primary issue was the assessee's intention to settle the dispute under the Vivad Se Vishwas Scheme and the procedural status of that settlement.

Poona Dal and Besan Milss Private… vs ACIT | ITAT Pune 2020

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

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

For Appellant: Shri Suhas Bora

For Respondent: Shri Alok Malviya, Addl.CIT

Poona Dal and Besan Mills Pvt. Ltd., Vs. ACIT, Central Circle- 71/A, Industrial Estate, Hadapsar, 2(1), Pune Pune – 411013 PAN : AABCP2949M Appellant Respondent Assessee by Shri Suhas Bora Revenue by Shri Alok Malviya, Addl.CIT Date of hearing 26-08-2020 Date of pronouncement 26-08-2020 आदेश / ORDER PER P.M. JAGTAP, VP :

This appeal filed by the assessee is directed against the order of Ld.CIT(A)-12, Pune, dated 28.10.2019.

The assessee company has filed a letter in this case dated 21.08.2020 stating that it has decided to settle the dispute involved in this appeal under the Direct Tax – Vivad Se Vishwas Scheme, 2020. As the assessee has duly filed the declarations / in Form No.1 and Form No.2, but the Designated Authority has not issued certificate in Form No.3 as per section 5(1) of the said Scheme so far, determining the tax payable by the assessee under the said Scheme.

Keeping in view the facts stated above including especially the fact that the assessee has duly complied with all necessary requirements under the Vivad Se Vishwas Scheme, 2020, we permit the assessee to withdraw this appeal and dismiss the said appeal with a liberty to the assessee that in case there is any problem in issuance of certificate in Form No.3 by the Designated Authority or any such other situation making the assessee not eligible to opt for the Vivad Se Vishwas Scheme, 2020, it will have the liberty to approach this Tribunal with a request for restoration of this appeal.

In the result, the appeal is dismissed as withdrawn.

Order pronounced in the open Court on 26th August, 2020

POONA DAL AND BESAN MILSS PRIVATE LIMITED,PUNE vs. ACIT CENTRAL CIRCLE 2(10, PUNE

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