M/S PULS MULTI SPECIALTY MEDICAL RESEARCH CENTRE (I) PVT. LTD.,DEORIA vs. ACIT, CIRCLE - AZAMGARH, AZAMGARH

PDF · subscribers
ITA 116/VNS/2020Status: DisposedITAT Varanasi25 April 2022AY 2015-20162 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 allowed the assessee's application to withdraw the appeal. Consequently, the appeal was dismissed as withdrawn because the dispute was settled under the Vivad Se Vishwas Scheme.

What were the facts?

The assessee sought to withdraw its appeal before the ITAT due to settlement of the dispute under the Vivad Se Vishwas Scheme, 2020. The designated authority under the scheme determined the tax liability as nil and a refund of Rs. 11,22,064/-.

What were the issues?

Whether the appeal should be dismissed as withdrawn upon settlement of the dispute under the Vivad Se Vishwas Scheme, 2020.

Which sections of the Income-tax Act were involved?

None

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CIRCUIT BENCH, VARANASI

Before: SHRI.VIJAY PAL RAO & SHRI RAMIT KOCHAR

Hearing: 25.03.2022Pronounced: 25.03.2022

O R D E R

PER VIJAY PAL RAO, JM

1.

This appeal by the assessee is directed against the order dated 19.6.2019 of CIT(A), Gorakhpur for the assessment years 2015-16.

2.

None has appeared on behalf of the assessee. The assessee has filed an application dated 27th September, 2021 for seeking permission to withdraw the present appeal in view of the settlement of the dispute under Vivad Se Vishwas Scheme, 2020. The assessee has filed Form No. 3 to show that the balance amount of tax as determined by the designated authority while issuing Form No. 3 on 26.12.2020 is refund of Rs. 11,22,064/-. 3. The learned DR has raised no objection if the present appeal of the assessee is dismissed as withdrawn. 4. Having considered the application of the assessee and careful perusal of the Form No. 3 issued by the designated authority on 26.12.2020, we find that the assessee has opted for Vivad Se Vishwas Scheme, 2020 to settle its tax disputes for the year under consideration. The designated authority while issuing Form No. 3 has determined the tax liability of the assessee as nil and there is a refund of Rs. 11,22,064/-. When there is no tax demand arising out of Form No. 3 and there is a refund as determined by the designated authority therefore, the application of the assessee for seeking withdrawal is allowed and consequently the appeal of the assessee is dismissed being withdrawn as the dispute has been settled under Vivad Se Vishwas Scheme, 2020.

5.

In the result, the appeal of the assessee is dismissed as withdrawn pursuant to the settlement of disputes under Vivad Se Vishwas Scheme, 2020. Order was pronounced in the open court after a conclusion of hearing on 25.03.2022. The written order is signed on the date as given below.

Recent GST High Court judgments

Search GST case law →