ITO, W-2, PATIALA vs. SH. KARANJIT SINGH NAKAI, HUF, PATIALA
What did the Tribunal hold?
The Tribunal allowed the withdrawal of the appeal by the Revenue and the cross objections by the assessee. This was based on the assessee opting for the 'Vivad Se Vishwas Scheme 2020'.
What were the facts?
The Revenue filed an appeal and the assessee filed cross objections before the ITAT. Both parties sought withdrawal of their respective filings.
What were the issues?
The primary issue was the withdrawal of the appeal and cross objections due to the assessee's participation in the Vivad Se Vishwas Scheme.
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आदेश/Order
Per Sanjay Garg, Judicial Member:
The captioned appeal preferred by the Revenue and cross objections by the assessee are against the order 11.10.2018 of the Commissioner of Income Tax (Appeals), Patiala [hereinafter referred to as ‘CIT(A)’].
2 At the outset, Ld. Counsel for the assessee has submitted that since 2. the assessee has opted for ‘Vivad Se Vishwas Scheme 2020’, therefore, seeks withdrawal of the Cross objections. Separate Application dated 22.8.2020 for withdrawal of the Cross objections has been submitted by the Ld. Counsel for the assessee.
Similarly, the Ld. DR has also stated that since the assessee has availed ‘Vivad Se Vishwas Scheme 2020’ in respect of the appeal filed by the Revenue and due taxes have been paid accordingly by the assessee and further Form No. 3 has been issued by the Department, a copy of the which has been placed on file showing that the assessee has settled the tax dispute relating to the Revenue’s appeal also. Separate Application dated 01.09.2020 for withdrawal of the above appeal has been submitted by the Ld. Sr.DR.
In view of the above, the appeal of the Revenue and cross objections of the assessee stand dismissed.
Order pronounced on 01.09.2020.
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