RAMESHBHAI JERAMBHAI PACHANI,SURAT vs. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2, SURAT

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ITA 11/SRT/2022Status: HeardITAT Surat21 November 2022AY 2013-142 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The Tribunal dismissed the appeal as withdrawn, acknowledging the assessee's successful application under the Vivad se Vishwas Scheme. Both parties retain the liberty to seek restoration if the settlement is not finalized.

What were the facts?

The assessee filed an appeal against a penalty order. During the pendency of the appeal, the assessee opted for the Vivad se Vishwas Scheme, 2020, and their application was approved.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 271AAB

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SURAT BENCH, SURAT

Before: SHRI PAWAN SINGH, JM &DR. A.L.SAINI, AM

For Respondent: Shri Vinod Kumar– Sr.DR
Hearing: 16/11/2022Pronounced: 21/11/2022

सुनवाईक�तारीख/ Date of Hearing : 16/11/2022 घोषणाक�तारीख/Date of Pronouncement : 21/11/2022 आदेश / O R D E R PER DR. A. L. SAINI, ACCOUNTANT MEMBER: Captioned appeal filed by the assessee pertaining to assessment year 2013- 14, is directed against the order passed by the learned Commissioner of Income Tax(Appeals)-4 Surat, dated 13.12.2021, which in turn arises out of a penalty passed by the Assessing Officer u/s 271AAB of the Income Tax 1961, dated 28.09.2015.

2.

We have heard Ld. Authorized Representative for the assessee and Ld. DR for the Revenue and note that assessee’s appeal in 2013-14, which is listed for hearing today i.e. on 16.11.2022, the Ld. AR for the assessee informs the Bench by way of a letter dated 11.11.2022 that assessee has already filed an application in Form No.1 and 2 for settlement of its case under the Vivad se Vishwas Scheme 2020. The assessee’s application under Vivad Se Vishwas Scheme, for has been approved by A.Y.13-14 Sh. Rameshbhai J Pachani the Ld.PCIT (Central), Surat, bearing Certificate No.132793520080121 dated 08.01.2021, which is also placed before the Bench. The Assessee prayed for withdrawal of the appeal to which, the learned Departmental Representative did not raise any objection.

3.

We have gone through FORM-3 filed by the assessee to obtain the benefit of ‘Vivad Se Vishwas Scheme’ and noted that assessee has opted the Scheme of Vivad Se Vishwas Scheme-2020 hence appeal of the assessee is dismissed as withdrawn with liberty to the assessee as well as to the Revenue that in case, if the application preferred by the assessee under VSV-2020 does not get finally settled for any reason whatsoever, then both the parties are at liberty to prefer Miscellaneous Application before this Tribunal for restoration of this appeal and in such event, the appeal shall be restored. The Assessing Officer is directed to pass consequential order as per CBDT Circular No.3/2021 dated 04.03.2021.

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