DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - ICHALKARANJI, ICHALKARANJI vs. RAJENDRA NEMINATH SHETE, KOLHAPUR

ITA 668/PUN/2019Status: DisposedITAT Pune07 July 2022AY 2015-164 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 noted that the assessee had filed a declaration under the Vivad Se Vishwas Scheme and received an order for full and final settlement. The Revenue did not oppose this submission.

What were the facts?

The Revenue filed two appeals for assessment year 2015-16 against the CIT(A)'s orders. The assessee informed the tribunal that the issues involved in the appeals were settled under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the appeals filed by the Revenue are to be dismissed as withdrawn due to the settlement of the dispute under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE

Before: SHRI S.S. GODARA & DR. DIPAK P. RIPOTE

For Respondent: Shri M.G. Jasnani

Assessee by None Revenue by Shri M.G. Jasnani Date of hearing 06-07-2022 Date of pronouncement 07-07-2022 आदेश / ORDER PER S.S. GODARA, JM : These Revenue‟s twin appeals for assessment year 2015-16 arise against the CIT(A)-2, Kolhapur‟s separate orders; both dated 11.02.2019 passed in case Nos.Ich/CIT(A)-2/85/2017-18 and Ich/CIT(A)-2/86/2017-18; respectively involving proceedings under Section 143(3) of the Income Tax Act, 1961, in short „the Act‟.

It emerges at the outset that these assessees have filed two separate letters as follows: “I am in receipt of your above mentioned notice, my case has been fixed for hearing on 06/07/2022. In this connection it may kindly be noted that – I have filed the declaration to Designated Authority PCIT, PUNE- 1 in accordance with the provisions of the DIRECT TAX VIVAD SE VISHWAS 2020 and Form 5 i.e. ORDER FOR FULL AND FINAL SETTLEMENT OF TAX ARREAR UNDER SECTION 5(2) READ WITH SECTION 6 OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (3 OF 2020) THE DIRECT TAX VIVAD SE VISHWAS RULES, 2020, has also been received, copy of which is enclosed herewith. As such issue involved in this Appeal stands settled under the Vivad Se Vishwas Scheme, 2020. Please make note of the same in your record.”

The department has fair enough in not opposing to the assessee‟s foregoing averments. Rejected accordingly.

These Revenue‟s appeal are dismissed as withdrawn in foregoing terms. A copy of this common order be placed in the respective case files.

Order pronounced in the Open Court on 7th July, 2022.

Sd/- Sd/- (DIPAK P. RIPOTE) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER पुणे Pune; ददिधांक Dated : 7th July, 2022 GCVSR आदेश की प्रतिलिपि अग्रेपिि/Copy of the Order is forwarded to: अपीऱधर्थी / The Appellant; 1. प्रत्यर्थी / The Respondent; 2.

3. The CIT(A)-2, Kolhapur 4. The Pr.CIT-2, Kolhapur 5. विभागीय प्रविविवि, आयकर अपीलीय अविकरण, पुणे “B” / DR „B‟, ITAT, Pune 6. गार्ड फाईल / Guard file आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अविकरण ,पुणे / ITAT, Pune

Date 1. Draft dictated on 06-07-2022 Sr.PS 2. Draft placed before author 07-07-2022 Sr.PS 3. Draft proposed & placed before the JM second member 4. Draft discussed/approved by Second JM Member. 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order.

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