PRAVEEN KUMAR JAIN,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4, GUWAHATI

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ITA 322/GTY/2019Status: DisposedITAT Guwahati13 November 2020AY 2015-162 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 allowed the assessee to withdraw the appeal, considering the assessee's intention to opt for the Vivad Se Vishwas Scheme. The withdrawal is conditional on the scheme's acceptance.

What were the facts?

The assessee intended to opt for the Direct Tax Vivad Se Vishwas Scheme, 2020. The assessee had filed the necessary forms as per the scheme and was awaiting further communication.

What were the issues?

Whether the assessee should be allowed to withdraw the appeal to pursue the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, GUWAHATI BENCH,

Before: Shri A. T. Varkey, JM]

Hearing: 05.11.2020Pronounced: 13.11.2020

ORDER This appeal is preferred by the assessee against the order of Ld. CIT(A)-2, Guwahati dated 31-05-2019 for assessment year 2015-16.

2.

At the outset, Ld. Counsel for the assessee Shri S. P. Bhati brought to our notice that the assessee intends to opt for the Direct Tax Vivad Se Vishwas Scheme 2020 (hereinafter, the ‘scheme’) and accordingly has filed Form 1 and 2 before the competent authority as per the scheme in respect of this appeal and is awaiting the issue of Form No. 3 from the competent authority. Therefore, taking into consideration the fact that since the assessee is opting for the ‘Vivad Se Vishwas Scheme, 2020’ for the assessment year 2015-16, there is no point in keeping the impugned appeal pending.

3.

In the light of the aforesaid discussion, I treat this submission of the Ld. AR of the assessee informing the Tribunal the fact that assessee is opting for the said scheme, therefore, I allow the assessee to withdraw the impugned appeal. In case, if the competent authority as per the scheme does not accept the assessee’s proposal to opt for the Vivad Se Praveen Kumar Jain, AY 2015-16 Vishwas Scheme, 2020, then the assessee is at liberty to move an application for recalling this order. With the aforesaid caveat, I allow the assessee to withdraw the captioned appeal.

4.

Needless to say that my aforesaid action allowing the assessee to withdraw the appeal, will not come in the way of the competent authority of Revenue to accept the assessee’s said option/scheme for availing “Vivad Se Vishwas Scheme, 2020’.

5.

In the result, the appeal of assessee is dismissed as withdrawn. Order is pronounced in the open court on 13th November, 2020. Sd/- (Aby. T. Varkey) Judicial Member Dated : 13th November, 2020 JD(Sr.P.S.) Copy of the order forwarded to: 1. Appellant – Shri Praveen Kumar Jain, Assam Paper & Printer, Behind Tazi Complex, A-J Road, Athgaon, Guwahati, Assam-781001.

2 Respondent – DCIT, Circle-4, Guwahati 3. CIT(A)-2, Guwahati 4. CIT- Guwahati, 5. DR, ITAT, Guwahati.

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