LEELAVATI VIJAYKUMAR KOTECHA,JALGAON vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE -(1), NASHIK
What did the Tribunal hold?
The tribunal considered the assessee's application and the revenue's no objection. Since the assessee had settled the dispute under the Vivad se Visvas Scheme, the appeal was dismissed as withdrawn.
What were the facts?
The assessee filed an appeal against an order under section 271(1)(c) of the Income Tax Act. During the hearing, the assessee requested to withdraw the appeal.
What were the issues?
Whether the appeal should be dismissed as withdrawn due to settlement under the Vivad se Visvas Scheme.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 PARTHA SARATHI CHAUDHURY & 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)-12, Pune for the A.Y. 2010-11 dated 27.04.2018, emanating out of order under section 271(1)(c) of the Income Tax Act, 1961. The appeal came up hearing on 29th July, 2022. At the time of 2. hearing, Shri Hari Krishan & Jaygobind Palai appeared for the assessee. The ld.AR submitted that the appellant assessee has already been issued FORM NO.4 and settled dispute with Income Tax Department by availing the benefits of Vivad se Visvas Scheme A.Y. 2010-11 Leelavati Vijaykumar Kotecha Vs. DCIT, CC-(1), Nashik [A] -2020 (VSV-20). The ld.AR for the assessee further 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Departmental Representative (DR) submits that he has no objection, if the appeal of the assessee is dismissed as withdrawn.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 NO.4 vide Acknowledgement No.239637000040221 dated 11.06.2022 from designated authority, the appeal of the assessee is dismissed as withdrawn
In the result, the appeal filed by the Assessee stands dismissed as ‘withdrawn’.
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