M/S. G T V INFRASTRUCTURE LTD. MANDIDEEP,MANDIDEEP vs. PCIT-1 BHOPAL, BHOPAL

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ITA 599/IND/2019Status: DisposedITAT Indore03 August 2022AY 2009-103 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The assessee sought withdrawal of the appeals before the Tribunal, having complied with the formalities of the Vivad Se Vishwas Scheme. The Revenue had no objection to the withdrawal.

What were the facts?

The assessee filed appeals against the assessment orders for AYs 2009-10 and 2010-11. The assessee subsequently filed a declaration under the Direct Tax Vivad Se Vishwas Act, 2020, to avail the benefit of the scheme.

What were the issues?

Whether the appeals can be withdrawn by the assessee due to availing the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, INDORE BENCH, INDORE

Before: MS. MADHUMITA ROY & SHRI B.M. BIYANI

For Appellant: Ms. Shreya Jain, A.R
For Respondent: Shri P. K. Mitra, CIT DR
Hearing: 28.07.2022Pronounced: 03.08.2022

PER MADHUMITA ROY, J.M.: The captioned appeals have been filed at the instance of the assessee against the order of the Pr. Commissioner of Income Tax-1, Bhopal dated 18.03.2019 arising out of the order dated 30.12.2016 passed by the ITO-1(1), Bhopal under Section 143(3) r.w.s. 147 of the Income Tax Act, 1961 concerning A.Ys. 2009-10 & 2010-11 respectively.

2.

When the matter was called for hearing, it is pointed out to the Bench that the assessee has filed declaration and undertaking in Form No. 3 as per provisions of the Direct Tax Vivad Se Vishwas Act, 2020 for availment of the benefit under the scheme. In view of &600/Ind/2019 A.Ys. 2009-10 & 2010-11 Page 2 of 3 this, the Ld. Counsel for the assessee submitted that assessee does not want to pursue the said appeal owing to exercise of option for availing VSV Scheme and it has complied with the requisite formalities, and sought permission for withdrawal of appeal before the Tribunal. The Ld. Counsel has placed on record copy of Form No. 3.

1.

3. The Ld. Departmental Representative for the Revenue stated that he has no objection to withdraw the appeals in the circumstances narrated on behalf of the assessee.

4.

In the light of written requests made on behalf of the captioned party, the appeal is dismissed as withdrawn. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any bonafide reasons, then the assessee concerned will be at liberty to seek restoration of original appeal for hearing before ITAT in accordance with law.

5.

In the result, the captioned appeals are dismissed as withdrawn.

Order pronounced as per Rule 34 of I.T.A.T. Rules 1963 on 03.08. 2022.

Sd/- Sd/- (B.M. Biyani) (Madhumita Roy) Accountant Member Judicial Member Indore, 03.08.2022 Tanmay, Sr.PS Copies to: (1) The appellant (2) The respondent (3) CIT (4) CIT(A) (5) Departmental Representative (6) Guard File By order UE COPY Assistant Registrar Income Tax Appellate Tribunal Indore Bench, Indore &600/Ind/2019 A.Ys. 2009-10 & 2010-11 Page 3 of 3

1.

Date of taking dictation 29.07.2022

2. Date of typing & draft order placed before the Dictating Member

3.

Date on which the approved draft comes to the Sr. P.S./P.S.

4. Date on which the fair order is placed before the Dictating Member for pronouncement

5. Date on which the file goes to the Bench Clerk

6.

Date on which the file goes to the Head Clerk

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