FREDY CHRISPINO D'SOUZA,COLVA vs. ITO, WARD - 2, MARGAO

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ITA 409/PAN/2018Status: DisposedITAT Panaji25 September 2020AY 2014-153 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 noted that the assessee had complied with the requirements of the Vivad Se Vishwas Scheme, including filing necessary declarations and obtaining a certificate. Therefore, the Tribunal permitted the withdrawal of the appeal.

What were the facts?

The assessee filed an appeal before the ITAT. The assessee later sought to withdraw the appeal as they had opted to settle the dispute under the Direct Tax – Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether an appeal can be withdrawn by the assessee who has opted for settlement under the Vivad Se Vishwas Scheme, 2020.

Which sections of the Income-tax Act were involved?

Section 5(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BENCH, PANAJI

Before: SHRI R.S. SYAL & SHRI S.S. VISWANETHRA RAVI

For Appellant: Shri Shrinivas Nayak
For Respondent: Shri Surendra Dhaka
Hearing: 25.09.2020Pronounced: 25.09.2020

आदेश/ORDER

PER S.S. VISWANETHRA RAVI, JM

1.

This appeal is filed by the assessee against the order of learned Commissioner of Income Tax (Appeals) – 2, Panaji, dated 28.08.2018 for the assessment year 2014-15.

2.

In this case, the assessee has moved application seeking withdrawal of the appeal filed by him on the ground that he has opted to settle the dispute involved in the said appeal under the Direct Tax – Vivad Se Vishwas Scheme, 2020. It is also stated in the said application that required declarations in the prescribed Form No.1 and Form No.2 have been filed by the assessee and the Designated Authority has also issued certificate in Form No.3. The copies of which are enclosed herewith to the applications.

3.

Shri Suresh Dhaka, the ld. DR has no objection in case the assessee wishes to withdraw the appeal.

4.

As already noted, the assessee has duly filed the declarations in Form 1 and Form 2 and the Designated Authority has also issued the certificate in Form 3 as per section 5(1) of the Scheme determining the tax payable by the assessee under the Scheme. On receipt of the said certificate in Form 3, the assessee is now seeking to withdraw this appeal as required under the Scheme and keeping in view that the assessee has duly complied with the necessary requirements under the Scheme, we permit the withdrawal of this appeal filed by the assessee and dismiss the same as withdrawn.

5.

In the result, the appeal filed by the assessee is dismissed as withdrawn.

Order pronounced on 25th day of September, 2020.

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