SHRI HATIM NOORUDDIN SARIYA,JAMNAGAR vs. THE ITO WARD-1(3), JAMNAGAR

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ITA 242/RJT/2019Status: DisposedITAT Rajkot16 September 2022AY 2015-162 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 noted the assessee's intention to resolve the matter under the Vivad Se Vishwas Scheme and found no reason to keep the appeal pending. The appeal was dismissed in terms of the scheme.

What were the facts?

The assessee filed an appeal against a penalty order under Section 271(1)(c) for AY 2015-16. The assessee wished to resolve the issue by availing the benefit under the Vivad Se Vishwas Scheme.

What were the issues?

Whether the appeal should be dismissed as the assessee opted for the Vivad Se Vishwas Scheme to resolve the penalty issue.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT

Before: SHRI WASEEM AHMED, & SHRI SIDDHARTHA NAUTIYAL

For Appellant: Shri Chetan Agarwal, A.R
Hearing: 06/07/2022Pronounced: 16/09/2022

Assessee by : Shri Chetan Agarwal, A.R Revenue by : Shri B.D. Gupta, Sr. D.R सुनवाई क� तारीख/Date of Hearing : 06/07/2022 घोषणा क� तारीख /Date of Pronouncement: 16/09/2022 आदेश/O R D E R PER BENCH:

The captioned appeal has been filed at the instance of the Assessee against the order of the Learned Commissioner of Income tax (Appeals), Jamnagar, dated 20/09/2019 arising in the matter of penalty order passed under s.271(1)(c) of the Income Tax Act, 1961 (here-in-after referred to as "the Act") relevant to the Assessment Year 2015-16.

2.

When the matter was called for hearing, it was noticed that the assessee wants to resolve the issue with the department by availing benefit under Vivad Se Vishwas Scheme, and therefore the appeal of the Assessee required to be withdrawn in terms of scheme. The assessee has filed copy of form number 5 being the certificate issue under section 5(1) of the Direct Tax Vivad Se Vishwas Act, 2020. The Ld. DR had no objection if the appeal of the Assessee is treated to be withdrawn in terms of the scheme opted by the assessee.

3.

In the light of the above submission made by the assessee, we find no reason to keep the appeal pending of the Assessee before the Tribunal. Accordingly the appeal of the Assessee stands dismissed. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any bonafide reason, then the assessee will be at liberty to seek restoration of original appeal for adjudication before the ITAT in accordance with law.

4.

In the result, the appeal of the Assessee is dismissed under VSV Scheme.

Order pronounced in the Court on 16/09/2022 at Ahmedabad.

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