M/S. VICTOR INDUSTRIES,SANGLI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 2, SANGLI

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ITA 1268/PUN/2018Status: DisposedITAT Pune06 June 2022AY 2007-082 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal considered the assessee's application and the Revenue's no objection. Since the assessee had settled their tax liability under the Vivad Se Vishwas Scheme, the appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal before the ITAT. At the time of hearing, no one appeared for the assessee. The assessee had previously opted for the Vivad Se Vishwas Scheme and settled their tax liability.

What were the issues?

Whether an appeal can be dismissed as withdrawn when the assessee has settled the tax liability under a settlement scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH,

Before: SHRI R S SYAL & SHRI PARTHA SARATHI CHAUDHURY

For Respondent: Shri S P Walimbe – DR
Hearing: 25/05/2022Pronounced: 06/06/2022

ORDER

PER PARTHA SARATHI CHAUDHURY, JM:

1.

This appeal preferred by the assessee emanates from the order of ld.Commissioner of Income Tax(Appeals)-1, Kolhapur dated 18.05.2018 for the Assessment Year 2007-08, as per the grounds of appeal on record.

The appeal came up for hearing on 25th May, 2022. At the time of 2. hearing, None appeared on behalf of the assessee. However, perusal of record reveals that the assessee has submitted vide application dated 27.12.2012 in the registry that it has opted for Vivad Se Vishwas Scheme 2020 and made necessary compliance under the said scheme with the Income Tax Department by availing the benefits of Vivad se Visvas Scheme -2020 (VSV-20) and received Form-4 of VSV-20 from designated authority vide Acknowledgment No.231405370290121 dated 29.01.2021 and requested permission for withdrawal of the present appeal.

A.Y. 2007-08 Victor Industries (A)

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Departmental Representative (DR) submits that he has no objection, if the appeal of the assessee is dismissed as withdrawn.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 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-4 vide Acknowledgement No. 231405370290121 dated 29.01.2021 from designated authority, hence, the appeal of the assessee is dismissed as withdrawn

5.

In the result, the appeal filed by the Assessee stands dismissed as ‘withdrawn’. Order pronounced in the open Court on 6th June, 2022.

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