SHRI KAILASH CHAND YADAV,JAIPUR vs. INCOME TAX OFFICER, WARD-6-5, JAIPUR

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ITA 492/JPR/2019Status: DisposedITAT Jaipur05 May 2021AY 2009-103 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 permitted the assessee to withdraw the appeal as it was settled under the Vivad Se Vishwas Scheme. The appeal was deemed withdrawn upon issuance of the certificate under Section 5(1) of the scheme.

What were the facts?

The assessee filed an appeal before the ITAT. The assessee subsequently filed a declaration under the Vivad Se Vishwas scheme to settle the dispute. The scheme provided for the deemed withdrawal of appeals pending as of January 31, 2020.

What were the issues?

Whether the assessee is eligible to withdraw the appeal under the Vivad Se Vishwas scheme after filing a declaration.

Which sections of the Income-tax Act were involved?

Section 4(1),Section 5(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JAIPUR BENCHES,”B” JAIPUR

Before: SHRI SANDEEP GOSAIN, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 492/JP/2019

For Appellant: Shri Rohan Sogani (C.A.) jktLo dh vksj ls@
Hearing: 21/04/2021Pronounced: 05/05/2021

ORDER PER: SANDEEP GOSAIN, J.M. The present appeal has been filed by the assessee against the order of CIT(A), Ajmer dated 28.01.2019 for the assessment year 2009- 10. 2. Hearing of the appeal was concluded through video conference in view of the prevailing situation of Covid-19 pandemic. Shri Kailash Chand Yadav vs. ITO

3.

The ld. Counsel for the assessee furnished application for withdrawal of this appeal. The contention in the said application reads as under:-

1.

“Hon'ble Sir, The assessee is in appeal before your honor and the said appeal is pending for disposal. It is submitted that the Hon'ble Finance Minister in her budget speech of 2020 announced a dispute resolution scheme Vivad Se Vishwas. The scheme was formulated into The Direct Tax Vivad Se Vishwas Act, 2020 (DTVSV) on 17th March, 2020. The Act provides that any assessee whose appeal was pending as on 31st January, 2020 can settle his dispute by filing a declaration u/s 4(1) of DTVSV in Form-1 and Form-2. The above mentioned appeal is a quantum appeal. The appeal was pending as on 31st January, 2020, and the same has not been decided till date, therefore, the assessee is eligible for opting the scheme. On 24-12-2020, the assessee filed declaration in Form-1 and Form-2 before the Designated Authority. On 29-01-2021, the assessee received Form-3 i.e. Form for Certificate u/s 5(1) of DTVSV from Designated Authority. Section 4(2) of DTVSV, provides that where declaration has been filed by the assessee the appeal shall be deemed to be withdrawn from the date on which Certificate u/s 5(1) of DTVSV is issued by the Designated Authority. Hence, in the present case, the appeal of the assessee stands withdrawn on 29-01-2021.

Shri Kailash Chand Yadav vs. ITO 4. The ld. DR has raised no objection if the appeal of the assessee is allowed to be withdrawn.

5.

Therefore, in view of the fact that the assessee has already approached the department to settle the matter under “Vivad Se Vishwas Scheme”, we permit the assessee to withdraw this appeal.

Accordingly, the appeal of the assessee is dismissed as withdrawn.

6.

In the result, this appeal of the assessee is dismissed as withdrawn.

Order pronounced in the open court on 05/05/2021. Sd/- Sd/- ¼lanhi xkslkbZ½ ¼foØe flag ;kno½ (Vikram Singh Yadav) (Sandeep Gosain) ys[kk lnL;@Accountant Member U;kf;d lnL;@Judicial Member Tk;iqj@Jaipur fnukad@Dated:- 05/05/2021. *Santosh आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू 1. vihykFkhZ@The Appellant- Shri Kailash Chand Yadav, Jaipur. 2. izR;FkhZ@ The Respondent- ITO, Ward-6(5), Jaipur. 3. vk;dj vk;qDr@ CIT 4. vk;dj vk;qDr@ CIT(A) 5. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत. 6. xkMZ QkbZy@ Guard File {ITA No. 492/JP/2019} vkns'kkuqlkj@ By order,

सहायक पंजीकार@Aेेज. त्महपेजतंत

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