RAKESH CHANDARLAL SACHDEV,KOLHAPUR vs. INCOME-TAX OFFICER, WARD - 1(2), KOLHAPUR

PDF · subscribers
ITA 844/PUN/2018Status: DisposedITAT Pune08 August 2022AY 2005-063 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal considered the assessee's withdrawal application and the Revenue's no objection. The appeal was dismissed as withdrawn due to the settlement under the Vivad se Visvas Scheme.

What were the facts?

The assessee filed an appeal against an order under section 271(1)(c). The assessee later applied to withdraw the appeal, stating that the dispute was settled under the Vivad se Visvas Scheme, 2020.

What were the issues?

Whether an appeal can be withdrawn if the underlying dispute has been settled under a tax settlement scheme.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A”

Before: SHRI PARTHA SARATHI CHAUDHURY & DR. DIPAK P. RIPOTE

For Respondent: Shri Arvind Desai – DR
Hearing: 28/07/2022Pronounced: 08/08/2022

ORDER

PER DR. DIPAK P. RIPOTE, AM:

1.

This appeal filed by the Assessee is directed against the order of ld.Commissioner of Income Tax(Appeals)-1, Kolhapur for the A.Y.2005-06 dated 12.04.2018, emanating out of order under section 271(1)(c) of the Income Tax Act, 1961. The appeal came up hearing on 28th July, 2022. At the time of 2. hearing, no one has appeared on behalf of the assessee. However, perusal of the record shows that the assessee submitted an application in which he has submitted that the he has already been issued FORM NO.3 and settled dispute with Income Tax Department A.Y. 2005-06 Rakesh Chandarlal Sachdev Vs. ITO [A] by availing the benefits of Vivad se Visvas Scheme -2020 (VSV-20). The assessee further requested to withdraw his appeal.

3.

On the other hand the learned Departmental Representative (DR) submits that he has no objection, if the appeal of the assessee is dismissed as withdrawn.

4.

We have considered the contents of the withdrawal application filed by the assessee and the submissions of the Ld.DR for the Revenue. Considering the facts that the assessee has already filed application before the prescribed authority and settled the tax liability with the income–tax department under VSV-20 and have received FORM NO.3 vide Acknowledgement No.245519080080221 dated 08.02.2021 from designated authority, the appeal of the assessee is dismissed as withdrawn.

5.

In the result, the appeal filed by the Assessee stands dismissed as ‘withdrawn’.

More judgments on Section 271(1)(c)

All 25,141 judgments and leading authorities on Section 271(1)(c) →

Recent GST High Court judgments

Search GST case law →