VITALITY AQUACULTURE PVT.LTD,PUNE vs. INCOME-TAX OFFICER, WARD - 13(5), PUNE
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 permitted the assessee to withdraw the appeal. Liberty was granted to revive the appeal if tax was not paid or if the scheme application was disapproved.
What were the facts?
The assessee sought to withdraw their appeal before the ITAT, stating that the issue was settled under the Vivad Se Vishwas Scheme. The assessee had filed the necessary form with the Designated Authority.
What were the issues?
Whether the appeal can be withdrawn by the assessee due to settlement under the Vivad Se Vishwas Scheme.
Which sections of the Income-tax Act were involved?
Not Applicable
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, PUNE
Before: SHRI INTURI RAMA RAO, AM & SHRI S.S. VISWANETHRA RAVI, JM
ORDER
PER INTURI RAMA RAO, AM :
This appeal is directed against the order of the learned Commissioner of Income-tax (Appeals)-5, Pune, dated 17-8-2018 for the assessment year 2014-15.
Before us, none appeared on behalf of the assessee. However, the appellant filed a letter dt. 05-10-2021 seeking permission to withdraw the appeal on the ground that the issue involved in this appeal stands settled under the Vivad Se Vishwas Scheme, 2020. The appellant has also filed copy of Form No.3 from the Designated Authority on 14-1-2021 .
The ld. DR has no objection in case the assessee wishes to withdraw the appeal.
In view of the request made by the assessee, we permit the assessee to withdraw the appeal with the liberty to revive the appeal in case of non-payment of tax. However, if the Respondent Department disapproves the application of the assessee filed under Vivad se Vishwas Scheme, the assessee is at liberty to file an application to restore the appeal before this Tribunal as per the provisions of law.
In the result, the appeal of the assessee is dismissed as withdrawn.
Order pronounced in the open Court on this 12th day of January 2022.
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