M/S. ASSOCIATED WORKS,NAMRUP vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, DIBRUGARH
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 appeal, noting that keeping it pending would be pointless given the intention to use the Vivad Se Vishwas Scheme. The withdrawal is subject to the scheme's acceptance and the assessee's continued intent.
What were the facts?
The assessee filed an appeal before the ITAT for AY 2009-10. The assessee's partner informed the tribunal that they intended to opt for the Direct Tax Vivad Se Vishwas Scheme, 2020.
What were the issues?
The primary issue was whether the appeal should remain pending when the assessee intended to resolve the tax dispute through 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]
ORDER This appeal is preferred by the assessee against the order of Ld. CIT(A), Dibrugarh dated 16-01-2019 for assessment year 2009-10.
At the outset, it is noted that the partner of the assessee Shri Pranjal Dutta has filed a letter dated 29.10.2020 informing the Tribunal that the assessee is contemplating to opt for the Direct Tax Vivad Se Vishwas Scheme 2020 (hereinafter, the ‘scheme’). Therefore, taking into consideration the fact that since the assessee is opting for the ‘Vivad Se Vishwas Scheme, 2020’ for the assessment year 2009-10, there is no point in keeping the impugned appeal pending.
In the light of the aforesaid discussion, I treat this submission of the partner 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 Vishwas Scheme, 2020, or the assessee changes its mind not to opt for the scheme for any M/s. Associated Works, AY 2009-10 reason, 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.
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’.
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: Appellant – M/s. Associated Works, Munni Market, 2nd floor, Opposite 1. HUB, G. S. Road, Guwahati, Assam-781007
2 Respondent – ACIT, Circle-2, Dibrugarh 3. CIT(A), Dibrugarh 4. CIT- Dibrugarh , 5. DR, ITAT, Guwahati.
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