DCIT CENTRAL CIRCLE 2(1), PUNE vs. POONA DAL AND BESAL MILLS PRIVATE LIMITED, PUNE

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ITA 25/PUN/2020Status: DisposedITAT Pune06 June 2022AY 2011-123 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal accepted the assessee's submission regarding the settlement under the Vivad Se Vishwas Scheme. The Revenue did not dispute this development.

What were the facts?

The Revenue filed an appeal against the assessee for AY 2011-12. During the pendency of the appeal, the assessee opted for settlement under the Direct Tax Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether the appeal has become infructuous due to the assessee opting for settlement under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, PUNE

For Appellant: Shri M.G. Jasnani
For Respondent: Shri Suhas Bora

The Dy. CIT Cent. Cir. 2(1), Pune Appellant Vs. Poona Dal and Besan Mills Pvt. Ltd., 71A Industrial Estate, Hadapsar, PUNE – 411 013 PAN : AABCP 2949 M Respondent Appellant by : Shri M.G. Jasnani Respondent by : Shri Suhas Bora Date of Hearing : 01-06-2022 Date of Pronouncement : 06-06-2022 ORDER

PER S.S. GODARA, JM :

1.

This Revenue‟s appeal for AY 2011-12 is against the order of the CIT(A) 12, Pune dated 28-10-2019 passed in case No. case No. PN/CIT(A)-12/10269/2018-19 involving proceedings under Section 143(3) r.w.s. 147 of the Income Tax Act, 1961 in short “the Act.”

2.

Heard both the parties. Case file perused.

3.

It emerges at the outset that the assessee has placed on record its letter dated today itself to have availed for settlement under Direct Tax Vivad Se Vishwas Scheme 2020 regarding the dispute in issue canvassed at the Revenue‟s behest in the instant appeal. It has further filed on record forms No. 3 and 5 issued by the designated authority dated 26-10-2020. The Revenue is fair enough not disputing correctness of this intervening settlement development. We thus accept the assessee‟s above stated letter and dismiss the Revenue‟s instant appeal hereinabove as rendered infructuous.

3. This Revenue‟s appeal is dismissed as rendered infructuous in above terms. Order pronounced in the open Court on this 06th June 2022. Sd/- sd/- (R.S. SYAL) (SATBEER SINGH GODARA) VICE PRESIDENT JUDICIAL MEMBER Pune; Dated : 06th June 2022 Ankam

Poona Dal & Besan Mills A.Y. 2011-12

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