What did the Tribunal hold?

The Tribunal allowed the Revenue to withdraw its appeals. The appeals were dismissed as withdrawn based on the assessee's successful enrollment in the Vivad se Vishwas Scheme.

The Revenue preferred appeals before the ITAT against the orders of the CIT(A) for AY 2009-10 and 2010-11. The assessee submitted that they had opted for the Direct Tax Vivad se Vishwas Scheme, 2020, and received Form 5.

What were the issues?

The primary issue was whether the Revenue's appeals should be withdrawn due to the assessee's settlement under the Vivad se Vishwas Scheme.

ACIT vs M/S. Bnc Power Projects Ltd | ITAT Pune 2022

Income Tax Appellate Tribunal, ‘A’ BENCH, PUNE

For Appellant: Shri Arvind Desai (through Physical)

For Respondent: Shri Devendra Kulkarni (through virtual)

ORDER PER BENCH These appeals preferred by the Revenue emanates from the common order of the ld. CIT(A)-12, Pune, dated 25-02-2019 for A.Y. 2009-10 & 2010-11 as per the grounds of appeal on record.

That at the time of hearing, the assessee submitted that they have opted for the Direct Tax Vivad se Vishwas Scheme 2020 for A.Y. 2009-10 and 2010- 11 and has already received Form 5 for both the assessment years, which is on record.

On the basis of this submission of the assessee, the ld. D.R submitted that since the assessee has opted for the Direct Tax Vivad se Vishwas Scheme 2020 and has received Form No. 5, the Revenue would like to withdraw the said appeals with the permission of the Bench.

2 & 702/PUN/2019 BNC Power Projects Ltd. A,Y. 2009-10 and 2010-11 4. Having heard the parties, we find that the assessee has opted for the Direct Tax Vivad se Vishwas Scheme 2020 and has also received form 5 in respect of both the assessment years and hence the Revenue wishes to withdraw these appeals. We therefore, allow the Revenue to withdraw these appeals. We also mention here that in future if any difficulty arises in fulfilling the obligation under Direct Tax Vivad se Vishwas Scheme 2020 in these cases, the Revenue may make separate application, if required, for restoration of the said appeals. In view thereof, both the appeals are dismissed as withdrawn.

In the result, Revenue’s appeals are dismissed as withdrawn.

Order pronounced in the open court on 28th day of July 2022.

ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE -2, NASHIK vs. M/S. BNC POWER PROJECTS LTD, PUNE

What did the Tribunal hold?

What were the facts?

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