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

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ITA 26/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. Consequently, the Revenue's appeal was rendered infructuous.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2011-12. The assessee informed the tribunal that the dispute had been settled under the Direct Tax Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether the Revenue's appeal is maintainable when the underlying dispute has been settled under a tax settlement 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 Oil Industries Pvt. Ltd. 103-104 Industrial Estate, Hadapsar, PUNE – 411 013 PAN : AABCP 2950 L 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. PN/CIT(A)-12/10268/2018-19 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 the issue canvassed at the revenue‟s behest in the instant appeal. It has further filed on record form Nos. 3 and 5 issued by the designated authority dated 26-10-2020. The Revenue is very fair in not disputing correctness of this intervening settlement development. We thus accept the assessee‟s above stated letter and dismiss the Revenue‟s 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 6th June 2022. Sd/- sd/- (R.S. SYAL) (SATBEER SINGH GODARA) VICE PRESIDENT JUDICIAL MEMBER Pune; Dated : 06th June 2022 Ankam

Poona Dal & Oil Industries Pvt. Ltd. A.Y. 2011-12

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