M/S. PROSIL SILICONES PRIVATE LIMITED,VADODARA vs. THE INCOME TAX OFFICER, WARD-2(1)(2), VADODARA

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ITA 1213/AHD/2017Status: DisposedITAT Ahmedabad07 April 2022AY 2012-132 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted the assessee's submission of documents for settlement under the VsV Scheme and the Revenue's lack of objection. Consequently, the appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order. At the hearing, the assessee did not appear, but had submitted documents related to the Vivad Se Vishwas (VsV) Scheme for settlement of tax arrears.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to settlement under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 5(1),Section 5(2),Section 6

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, AHMEDABAD

Before: SHRI P.M. JAGTAP, VICE- & SHRI SIDDHARTHA NAUTIYAL

Hearing: 07/04/2022Pronounced: 07/04/2022

आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण, अहमदाबाद �यायपीठ आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण अहमदाबाद �यायपीठ अहमदाबाद �यायपीठ ‘बी’ अहमदाबाद। अहमदाबाद �यायपीठ अहमदाबाद। अहमदाबाद। अहमदाबाद। IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, AHMEDABAD BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT AND SHRI SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER Assessment Years : 2012-13 M/s. Prosil Silicones Pvt Ltd., Income Tax Officer, E-30, GIDC, Manjusar, Savli, Vs Ward 2(1)(2), Vadodara-391175 Vadodara PAN : AADCP 7171 K अपीलाथ�/ (Appellant) �� यथ�/ (Respondent) Assessee by : None Revenue by : Smt. Leena Lal, Sr. DR सुनवाई क� तार�ख/Date of Hearing : 07/04/2022 घोषणा क� तार�ख /Date of Pronouncement: 07/04/2022 आदेश / O R D E R PER P.M. JAGTAP, VICE-PRESIDENT :

This appeal filed by the assessee is directed against the order of the Commissioner of Income-Tax (Appeals)-2, Vadodara dated 23.02.2017 passed for the Assessment Year 2012-13.

2.

At the time of hearing fixed in this case today, none has appeared on behalf of the assessee; however, it is observed that the assessee has submitted the Certificate in Form No.3 from Designated Authority under Section 5(1) of the Direct Tax Vivad Se Vishwas Act, 2020 and Form No.4 regarding the intimation of payment made under the VsV Scheme, alongwith Form No. 5 issued by the Principal Commissioner of Income Tax- 1, Vadodara towards the full and final settlement of tax arrears under the said Scheme, which are placed on record. In view of the above, the learned Departmental Representative submitted that she has no objection to the withdrawal of the appeal.

M/s. Prosil Silicones Pvt Ltd Vs. ITO AY : 2012-13 2

3.

In the light of above discussion as also considering the Form No.5 submitted by the assessee towards the final settlement of tax arrears under Section 5(2) read with Section 6 of the Direct Tax Vivad Se Vishwas Act, 2020 issued by the PCIT-1, Vadodara, the appeal of the assessee is dismissed as withdrawn. However, in any event, if the assessee fails to avail the benefit of “Vivad se Vishwas Scheme” for any bonafide reasons, then the assessee will be at liberty to seek restoration of original appeal for hearing before the ITAT in accordance with law.

4.

In the result, the appeal of the assessee is dismissed as withdrawn.

Order pronounced in the Court on 7th April, 2022 at Ahmedabad.

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