SHRI PAWAN OMPRAKASH GUPTA,VAPI vs. THE PR. CIT, VALSAD, VALSAD

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ITA 659/AHD/2017Status: DisposedITAT Surat14 October 2020AY 2007-082 pages
AI SummaryDismissed

What did the Tribunal hold?

The assessee prayed for withdrawal of the appeal to avail the Vivad Se Vishwas scheme. The Departmental Representative did not object to the withdrawal.

What were the facts?

The assessee filed an appeal before the ITAT challenging an order passed by the Principal Commissioner of Income Tax under section 263. The assessee later opted for the benefit of the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the appeal should be withdrawn by the assessee to avail the benefit of the Vivad Se Vishwas Act, 2020.

Which sections of the Income-tax Act were involved?

Section 263

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

Hearing: 28/09/2020Pronounced: 14/10/2020

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

1.

This present appeal is preferred by the assessee challenging the impugned order dated 15.02.2017 passed by the learned Principal Commissioner of Income Tax, Valsad [in short “the PCIT”] under section 263 of the Income Tax Act, 1961 [hereinafter referred to as “the Act”].

2.

At the outset, Miss Hardika Vyas, 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 No. 3 under ‘the Direct Tax Vivad Se Vishwas Act’, which has been approved by the Department on 16.06.2020, is also placed before the Bench. The learned Counsel by way of a letter dated 26.08.2020, prayed the Bench for withdrawal of the appeal to which, the learned Departmental Representative (DR) did not raise any objection.

ITA 659/Ahd/2017 Assessment Year. 2007-08 Pawan Omprakash Gupta 3. We have heard both the parties and gone through Form No. 3 filed by the learned counsel to obtain the benefit of ‘Vivad Se Vishwas Scheme’ and noted that assessee has prayed for withdrawal of the appeal. The learned Departmental Representative (DR) for the revenue did not have any objection if the said appeal is withdrawn by the assessee. Consequently, we treat this appeal as withdrawn.

4.

In the result, assessee’s appeal is treated as dismissed.

Order is pronounced on 14/10/2020, as per Rule 34 of Income Tax Appellate Tribunal, Rule 1963.

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