VINEET KRISHNAKUMAR GOYAL,PUNE vs. DY CIT CENTRAL CIRCLE 2(1), PUNE
What did the Tribunal hold?
The Tribunal considered the assessee's withdrawal application and the Revenue's no-objection. Since the dispute was settled under the VSV-20 scheme, the appeal was dismissed as withdrawn.
What were the facts?
The assessee filed an appeal against an order related to a penalty under section 271AAB. The assessee later submitted an application to withdraw the appeal, stating that the dispute was settled under the Vivad se Vishwas Scheme (VSV-20).
What were the issues?
Whether an appeal can be withdrawn if the underlying dispute has been settled under the Vivad se Vishwas Scheme.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B”
Before: SHRI S.S.GODARA & 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. 2015-16 dated 24.09.2019, emanating out of order under section 271AAB of the Income Tax Act, 1961. The appeal came up hearing on 19th July, 2022. At the time of 2. hearing, none appeared on behalf of the assessee. However, perusal of the record shows that the vide application dated 05.03.2021 the appellant assessee has submitted that the assessee has already been issued FORM-5 and settled dispute with Income Tax Department by availing the benefits of Vivad se Visvas Scheme -2020 (VSV-20)
A.Y. 2015-16 Vineet Krishnakumar Goyal Vs. DCIT, Cen. Cir-2(1), Pune [A] from designated authority vide Acknowledgment No.346113670290421 dated 29.04.2021. The assessee 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Departmental Representative (DR) submits that he has no objection, if the appeal of the assessee is dismissed as withdrawn.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-5 vide Acknowledgement No.346113670290421 dated 29.04.2021 from designated authority. Hence, the appeal of the assessee is dismissed as withdrawn
In the result, the appeal filed by the Assessee stands dismissed as ‘withdrawn’.
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