SUMAN DEVI GOLCHHA,GUWAHATI vs. INCOME TAX OFFICER, WARD-4(3), GUWAHATI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal allowed the assessee to withdraw the appeals, noting that keeping them pending would be pointless given the assessee's intention to utilize the Vivad Se Vishwas Scheme.
What were the facts?
The assessee filed appeals against the CIT(A) order for AY 2014-15. The assessee intended to opt for the Vivad Se Vishwas Scheme, 2020, and had filed the necessary forms.
What were the issues?
Whether the appeals should be kept pending when the assessee intends to settle the dispute under 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]
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
Both these appeals have been preferred by the assessee against the order of Ld. CIT(A)-2, Guwahati-1, Guwahati dated 31-05-2019 for assessment year 2014-15.
None appeared on behalf of the assessee’s, but an application for withdrawal of appeal is placed on file. At the outset, it is noted that the assessee’s 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 these -351/Gau/2019 Saroj Devi Golchha, AY 2014-15 appeals and are awaiting the issue of Form No. 3 from the competent authority. Therefore, taking into consideration the fact that since the assessee’s are opting for the ‘Vivad Se Vishwas Scheme, 2020’ for the assessment year 2014-15, there is no point in keeping the impugned appeal pending.
In the light of the aforesaid discussion, I treat this submission of the assessee’s informing the Tribunal the fact that assessee’s are opting for the said scheme, therefore, I allow the assessee’s to withdraw the impugned appeals. In case, if the competent authority as per the scheme does not accept the assessee’s proposal to opt for the Vivad Se Vishwas Scheme, 2020, then the assessee’s are at liberty to move application individually also for recalling this order. With the aforesaid caveat, I allow the assessee’s to withdraw the captioned appeals.
Needless to say that my aforesaid action allowing the assessee’s to withdraw the appeals, 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’.
In the result, both the appeals of assessee’s are dismissed as withdrawn.
Order is pronounced in the open court on 13th November, 2020.
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