SHRI SHRI RAJENDRA PRASAD TIWARI,RAIPUR (CG) vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX-1, RAIPUR (CG)

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ITA 70/BIL/2017Status: HeardITAT Raipur30 March 2022AY 2012-134 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeal as withdrawn, subject to the condition that if the matter is not resolved under the Vivad se Vishwas scheme, the appellant can seek restoration of the appeal.

What were the facts?

The assessee filed an appeal before the ITAT. Subsequently, the assessee filed an application under the Direct Tax Vivad se Vishwas Act, 2020, to settle the appeal. Form 5 was issued by the designated authority.

What were the issues?

Whether the appeal can be withdrawn due to the filing of an application under the Vivad se Vishwas Act.

Which sections of the Income-tax Act were involved?

Section 263(1),Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAIPUR BENCH, RAIPUR

Before: SHRI RAVISH SOOD & SHRI JAMLAPPA D BATTULL

For Appellant: Shri Sunil Kumar Agrawal, AR
For Respondent: Shri P.K Mishra, DR
Hearing: 30.03.2022Pronounced: 30.03.2022

आदेश / ORDER

PER RAVISH SOOD, JM:

1.

The present appeal filed by the assessee is directed against the order passed by the Pr. Commissioner of Income Tax-1, Raipur (for short ‘Pr. CIT) u/s.263(1) of the Income-tax Act, 1961 (for short ‘the Act’) dated 31.03.2017, which in turn arises from the order passed by the A.O under Sec. 143(3) of the Act, dated 26.03.2015 for assessment year 2012-13.

2.

The assessee has filed a letter dated Nil received on 16.03.2022, wherein it is stated that in order to settle the aforesaid appeal pending before the Tribunal an application has been filed under the Direct Tax Vivad se Vishwas Act, 2020. During the course of hearing of the appeal, it was stated by the Ld. Authorized Representative (in short ‘AR') for the assessee that “Form 5” have been issued by the designated authority. Backed by the aforesaid facts it is requested that the captioned appeal may be allowed to be withdrawn.

3.

The ld. D.R did not controvert the aforesaid factual position as had been stated before us.

4.

In view of the above we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the 3 Shri Rajendra Prasad Tiwari Vs. Pr. CIT-1 ITA No. 70/RPR/2017 Vivad se Vishwas scheme, then, the appellant shall have liberty to approach the Tribunal for restoration of its appeal.

5.

Resultantly, the appeal is dismissed as withdrawn subject to the observation recorded hereinabove. Order pronounced in open court on 30th day of March 2022.

Sd/- Sd/- JAMLAPPA D BATTULL RAVISH SOOD ACCOUNTANT MEMBER JUDICIAL MEMBER रायपुर/ RAIPUR ; �दनांक / Dated : 30th March, 2022 SB आदेश क� ��त�ल�प अ�े�षत / Copy of the Order forwarded to :

1. 1. अपीलाथ� / The Appellant. 2. ��यथ� / The Respondent.

3. The Pr. CIT-1,Raipur (C.G) 4. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण,रायपुर ब�च, रायपुर / DR, ITAT, Raipur Bench, Raipur. गाड� फ़ाइल / Guard File. 5. आदेशानुसार / BY ORDER, // True Copy // �नजी स�चव / Private Secretary आयकर अपील�य अ�धकरण, रायपुर / ITAT, Raipur.

4 Shri Rajendra Prasad Tiwari Vs. Pr. CIT-1 ITA No. 70/RPR/2017

Date 1 Draft dictated on 30.03.2022 Sr.PS/PS 2 Draft placed before author 30.03.2022 Sr.PS/PS 3 Draft proposed and placed JM/AM before the second Member 4 Draft discussed/approved by AM/JM second Member 5 Approved draft comes to the Sr.PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr.PS/PS 7 Date of uploading of order Sr.PS/PS 8 File sent to Bench Clerk Sr.PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R 11 Date of dispatch of order

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