SHRI PARSHOTTAM RAIYABHAI LILA,JETPUR vs. THE ITO, WARD-2 (3) (3), RAJKOT
What did the Tribunal hold?
The Tribunal noted that the dispute was settled under the Vivad se Vishwas Scheme and the assessee wished to withdraw the appeal. Therefore, the appeal was dismissed.
What were the facts?
The assessee filed an appeal before the ITAT against an order of the CIT(A). Subsequently, the assessee settled the dispute with the department by availing the Vivad se Vishwas Scheme.
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Whether the appeal should be dismissed as withdrawn due to settlement under the Vivad se Vishwas Scheme.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?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT
Before: SMT.ANNAPURNA GUPTA & SHRI T.R. SENTHIL KUMAR
PER ANNAPURNA GUPTA, ACCOUNTANT MEMBER
The present appeal has been filed by the assessee against order passed by the Commissioner of Income Tax(Appeals)-2, Rajkot (in short referred to as ld.CIT(A) under section 250(6) of the Income Tax Act, 1961 ("the Act" for short), dated 10.5.2019 pertaining to Asst.Year 2015-16.
At the outset, it is brought to the notice of the Bench that on behalf of the assessee, the ld.AR has filed a submissions stating that the assessee has settled the dispute with the Department by availing Vivad se Vishwas Scheme, and form no.5 dated 17.11.2021 for making full and final settlement of tax arrears was also filed. Along with written submission, copy of Form No.5 is also placed on record. It is therefore pleaded that in view of the settlement of dispute with the department, the assessee wanted to withdraw his present appeal filed before the Tribunal. The ld.DR has also filed a letter dated 31.8.2022 to this effect.
In the light of resolution of dispute with the department and payment of settlement amount, we find no reason to keep pending appeals of the assessee before the Tribunal. Accordingly, the appeal of the assessee stand dismissed.
In the result, the appeal of the assessee is dismissed under VSV scheme.
Order pronounced in the Court on 10th November, 2022 at Ahmedabad.
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