SHUBHAM INDUSTRIES,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 8, PUNE

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ITA 1978/PUN/2017Status: DisposedITAT Pune08 March 2022AY 2012-133 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal considered the assessee's application for withdrawal and the Revenue's no objection. The appeal was dismissed as withdrawn due to the settlement under the Vivad se Visvas Scheme.

What were the facts?

The assessee filed an appeal against the CIT(A) order for AY 2012-13. The assessee later applied for withdrawal of the appeal, stating they had settled the dispute with the income tax department under the Vivad se Visvas Scheme.

What were the issues?

Whether an appeal can be withdrawn if the assessee has settled the dispute with the department under a settlement scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH,

Before: SHRI PARTHA SARATHI CHAUDHURY, JM & DR. DIPAK P. RIPOTE, AM

Hearing: 08.03.2022Pronounced: 08.03.2022

ORDER

PER DR. DIPAK P. RIPOTE, AM:

1.

This is an appeal filed by the Assessee directed against the order of ld.Commissioner of Income Tax(Appeals)-9, Pune dated 30.06.2017 for the Assessment Year 2012-13.

2.

The appeal came up hearing on today i.e. 08.03.2022. None appeared on behalf of the assessee. However, perusal of record reveals that the assessee has already filed an application dated 04.10.2021 for withdrawal of appeal on the ground the assessee has already settled dispute with income tax department by availing the benefits of Vivad se Visvas Scheme - A.Y. 2012-13 Shubham Indusstries 2020 (VSV-20) and received Form-3 of VSV-20 from designated authority vide certificate No.235070090310121 dated 31.01.2021. The assessee prayed that he may be allowed to withdraw his appeal.

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Departmental Representative (DR) submits that he has no objection, if the appeal of the assessee is dismissed as withdrawn.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-3 vide acknowledgement No. 235070090310121 dated 31.01.2021 from designated authority. Hence, the appeal of the assessee is dismissed as withdrawn

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