SUBHASH ANANDRAM JAISINGHANI,PUNE vs. INCOME-TAX OFFICER, WARD - 8 (2), PUNE

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ITA 392/PUN/2019Status: HeardITAT Pune30 March 2022AY 2014-152 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee had availed the Vivad Se Vishwas scheme and the Income Tax Department had issued Form 3. Therefore, the appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal for AY 2014-15. During the hearing, the assessee's counsel moved a withdrawal application stating that the assessee had opted for the Vivad Se Vishwas (VSV) scheme and made the required payment.

What were the issues?

Whether an appeal can be withdrawn by the assessee due to opting for the Vivad Se Vishwas scheme.

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, “B” BENCH, PUNE

Before: SHRI S.S. VISWANETHRA RAVI, JM & DR. DIPAK P. RIPOTE, AM

For Respondent: Shri M. Jasnani-DR (Through Physical)
Hearing: 29/03/2022Pronounced: 30/03/2022

आदेश/ ORDER PER: DR. DIPAK P. RIPOTE, AM: This is an appeal filed by the Assessee directed against the order of ld. Commissioner of Income Tax(Appeals)-6, Pune, (in short, the CIT(A) in Appeal No. PN/CIT(A)-6/ITO Wd.8(2)/10087/2017-18 dated 22/01/2019 for the Assessment Year 2014-15.

2.

During the course of hearing none appeared on behalf of the assessee but a withdrawal application has been moved by the Ld. Counsel for the assessee which reads as under:

1.

Sir, With reference to your above cited Notice dated 24/12/2021 issued to my above named Client, fixing the date of hearing on 09/02/2022, I would like to submit as under: Please note that Appellant had applied for VSV Scheme in Form 1 and Form 2 on 09/12/2020 and the Honorable PCIT Thane-1 granted us Form 3 for payment and Appelant has made payment of Rs. 20,590/- on 31/12/2021 and submitted Form 4 alongwith Challan details Form 5 of VSV is awaited. Hence, your honor is requested to kindly withdraw the Appeal filed by us for AY 2014-15. Thanking you. Yours faithfully Sd/- Suresh N. Otwani Advocate.”

ITA 392/PUN/2019 for A.Y. 2014-15 Subhash Anandram Jaisinghani Vs ITO 3. In the present case, it is noticed that the assessee has availed the immunity scheme i.e; Vivad Se Vishwas and the Income Tax Department has since issued Form 3 bearing certificate no. 874358140231220, in response to the application filed by the assessee, under section 5(1) of the Direct Tax Vivad se Vishwas Act, 2020, therefore the appeal of the assessee is to be dismissed as withdrawn.

4.

The Ld. DR did not object if appeal of the assessee is dismissed as withdrawn.

5.

In view of the above the appeal of the assessee is dismissed as withdrawn.

6.

In the result, appeal of the assessee is dismissed.

(Order pronounced in the open court on 30/03/2022)

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