MILIND KRISHNAJI SHINDE,KOLHAPUR vs. ITO,WARD-2, ICHALAKRANJI
What did the Tribunal hold?
The Tribunal considered the assessee's withdrawal application and the Revenue's no objection. Based on the settlement under the Vivad se Vishwas Scheme, the appeal was dismissed as withdrawn.
What were the facts?
The assessee filed an appeal against the CIT(A)'s order. However, the assessee later submitted a withdrawal application stating they had settled the dispute under the Vivad se Vishwas Scheme and received Form-5.
What were the issues?
Whether an appeal can be dismissed as withdrawn when the assessee has settled the dispute under the Vivad se Vishwas Scheme.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A”
Before: SHRI S.S.GODARA & DR. DIPAK P. RIPOTE
ORDER
PER DR.DIPAK P.RIPOTE, AM:
This appeal filed by the Assessee is directed against the order of ld.Commissioner of Income-tax(Appeals), Kolhapur-2’s, order dated 28.11.2019 for the Assessment Year 2014-15, involving proceedings under section 250 of the Income Tax Act, 1961. The appeal came up hearing on 10th June, 2022. At the time of 2. hearing, none appeared on behalf of the assessee. However, perusal of record reveals that the assessee has submitted a withdrawal application along with FORM-5 and settled dispute with Income Tax Department by availing the benefits of Vivad se Visvas Scheme - for A.Y.2014-15 Milind Krishnaji Shinde, Kolhapur (A)
2020 (VSV-20) and received Form-5 of VSV-20 from designated authority vide Acknowledgment No.875104710231220 dated 23.12.2020. The assessee requested to withdraw this appeal.
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Departmental Representative (DR) submits that he has no objection, if the appeal of the assessee is dismissed as withdrawn.
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-5 vide acknowledgement No. 875104710231220 dated 23.12.2020 from designated authority. Hence, the appeal of the assessee is dismissed as withdrawn
In the result, the appeal filed by the Assessee stands dismissed as ‘withdrawn’.
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