SHRI JIGNESH NATVERBHAI PATEL,SURAT vs. THE INCOME TAX OFFICER, WARD -2(3)(2), SURAT

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ITA 304/AHD/2016Status: DisposedITAT Surat29 December 2020AY 2009-102 pages
AI SummaryDismissed

What did the Tribunal hold?

The assessee sought withdrawal of both appeals to avail the Vivad Se Vishwas scheme. The Departmental Representative had no objection to the withdrawal.

What were the facts?

The assessee filed two appeals before the ITAT for Assessment Year 2009-10, one concerning quantum assessment and the other regarding a penalty. The assessee opted for the benefit of the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas scheme.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, SURAT BENCH, SURAT

Before: SHRI PAWAN SINGH, JM & DR. A. L. SAINI, AM

For Appellant: Shri Akshaya Modi – CA
Hearing: 29/12/2020Pronounced: 29/12/2020

Heard together (2 matters)

ITA No.1658/AHD/2013
ITA No.304/AHD/2016

Read from the judgment's own cause title. This page is filed under one of them.

O R D E R

PER DR. A. L. SAINI, ACCOUNTANT MEMBER:

1.

These two appeals by assessee are directed against the separate orders of ld.Commissioner of Income Tax (Appeals)-I, Surat, dated 05.04.2013 in the Quantum Assessment and order dated 04.12.2015 in the matter of Penalty levied under section 271(1)(c) of the Act, both for the assessment year (AY) 2009-10.

ITA No.’s: 1658/AHD/2013 & 304/AHD/2016 Shri Jignesh Natvarbhai Patell for A.Y: 2009-10

2.

At the outset itself, Shri Akshaya Modi, Learned Counsel for the assessee, submitted before the Bench that Assessee has opted the benefit of the “Direct Tax Vivad Se Vishwas Act, 2020”. A copy of FORM-3 under ‘the Direct Tax Vivad Se Vishwas Act, filed by the assessee in the Income Tax Department on 16.12.2020 issued by Principal Commissioner of Income Tax, Surat-1, was also placed before the Bench. Shri Akshaya Modi, CA, on behalf of the Assessee, by way of a letter dated 24.12.2020, submitted that assessee prayed for withdrawal of both the appeals to which, the learned Departmental Representative did not raise any objection.

3.

We have heard both the parties and gone through FORM-3 filed by the assessee to obtain the benefit of ‘Vivad Se Vishwas Scheme’ and noted that assessee has prayed for withdrawal of both the appeals. The Ld. DR for the Revenue did not have any objection if the said appeals are withdrawn by the assessee company. Consequently, we treat both these appeals as withdrawn.

4.

In the result, both appeals of the assessee (in & AY.2009-10) are dismissed as withdrawn.

Order is pronounced on 29/12/2020, as per Rule 34 of Income Tax Appellate Tribunal, Rule 1963.

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