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

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ITA 1120/PUN/2018Status: DisposedITAT Pune12 August 2020AY 2010-113 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 opted to settle the dispute under the Vivad Se Vishwas Scheme and had complied with its requirements. Therefore, the tribunal permitted the withdrawal of the appeals.

What were the facts?

The assessee filed appeals against the CIT(A) order. The assessee later filed letters seeking withdrawal of these appeals.

What were the issues?

Whether the assessee's withdrawal of appeals is permissible due to opting for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 5(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE

Before: SHRI P.M. JAGTAP(KZ) & SHRI S.S. VISWANETHRA RAVI

For Respondent: Shri Alok Malviya
Pronounced: 31.08.2020

आदेश / ORDER

PER S.S. VISWANETHRA RAVI, J.M.

1.

These two appeals filed by the assessee are directed against the consolidated order of ld. Commissioner of Income Tax (Appeals) – 12, Pune dated 28.03.2018 for Assessment Years 2008-09 and 2010-11, respectively.

2.

In these cases, the assessee has filed letters dt.18.08.2020 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.

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 these appeals filed by the assessee and dismiss the same as withdrawn.

4.

In the result, both the appeals filed by the assessee are dismissed as withdrawn.

Order pronounced on 31st day of August, 2020.

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