What did the Tribunal hold?

The Tribunal considered the submissions and allowed the assessee's request for withdrawal. The dispute was settled under the Vivad se Vishwas Scheme, with tax arrears paid and the dispute finally resolved.

The assessee filed an appeal against an order for AY 2010-11. The assessee later sought to withdraw the appeal as the dispute was settled under the Vivad se Vishwas Scheme, 2020.

What were the issues?

Whether an appeal can be withdrawn if the dispute has been settled under the Vivad se Vishwas Scheme.

Singhal Industries Pvt. Ltd vs ITO | ITAT Ahmedabad 2022

Income Tax Appellate Tribunal, AHMEDABAD “SMC” BENCH

Before: Ms. Annapurna Gupta & Ms. Suchitra Kamble

For Appellant: Shri A.C. Shah, A.R

For Respondent: Shri Dinesh Singh, Sr. DR

Assessee by: Shri A.C. Shah, A.R. Revenue by: Shri Dinesh Singh, Sr. DR. Date of hearing : 16-02-2022 Date of pronouncement : 17-02-2022 आदेश/ORDER PER : ANNAPURNA GUPTA, ACCOUNTANT MEMBER:-

The present appeal has been filed by the Assessee against the order passed by the Commissioner of Income Tax (Appeals)-8, Ahmedabad, (in short referred to as CIT(A)), dated 16-07-2019, u/s. 250(6) of the Income Tax Act, 1961(hereinafter referred to as the “Act”) pertaining to Assessment Year (A.Y) 2010-11.

The assessee filed written submissions stating that it seeks to withdraw the appeal since the dispute stands settled under the Vivad se Vishwas Scheme, 2020. Copies of following forms were eclosed :-

Page No 2 Singhal Industries Pvt. Ltd. vs. ITO a) form no.-3 issued by the Pr. CIT of Income Tax, Ahmedabad-3, dated 09/06/2021 approving the application filed by the assessee under the Vivad se Vishwas Scheme, 2020. b) form no.4 dated 17.04.2021 being declaration of the applicant assessee of the payment of tax arrears as determined in the certificate issued in form no.3. c) form no.5 dated 13.10.2021 being order of the designated authority that the declarant has paid all tax arrears as determined .

The Ld. Departmental Representative for the Revenue stated that he had no objection to the withdrawal of the appeal in the circumstances narrated on behalf of the assessee.

We have considered the submissions. After considering the material on record and finding that since the application of the assessee for settlement of dispute has been approved under Vivad se Vishwas Scheme, 2020., tax arrears as determined by the designated authority paid and the dispute finally settled, in the light of the provision made in the scheme the aforesaid request for withdrawal of appeal of the assessee is allowed.

In the result, appeal filed by assessee is dismissed as withdrawn.

SINGHAL INDUSTRIES PVT. LTD,AHMEDABAD vs. THE ITO, WARD-4(1)(1), AHMEDABAD

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