SHRI SUKHITRAM DEWANGAN, BHILAI,BHILAI(CG) vs. THE INCOME TAX OFFICER, WARD-1(4), BHILAI, BHILAI(CG)

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ITA 74/BIL/2017Status: DisposedITAT Raipur08 March 2022AY 2011-124 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The Tribunal dismissed the appeal as withdrawn, subject to the condition that if the matter is not resolved under the Vivad se Vishwas scheme, the appellant can seek restoration of the appeal.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. During the pendency of the appeal, the assessee filed an application under the Direct Tax Vivad se Vishwas Act, 2020, and Form 5 was issued by the designated authority.

What were the issues?

Whether the appeal can be withdrawn due to settlement under the Vivad se Vishwas Act.

Which sections of the Income-tax Act were involved?

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 Moolchand Jain, AR
For Respondent: Shri Gitesh Kumar, DR
Hearing: 08.03.2022Pronounced: 08.03.2022

आदेश / ORDER PER RAVISH SOOD, JM:

1.

The present appeal filed by the assessee is directed against the order passed by the CIT(Appeals)-2, Raipur dated 20.03.2017, which in turn arises from the order passed by the A.O under Sec. 143(3) of the Income- tax Act, 1961, dated 29.03.2014 for assessment year 2011-12.

2.

The ld. AR for the assessee submitted 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 Backed by the aforesaid facts it was requested that the captioned appeal may be allowed to be withdrawn.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In view of the above we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme, then, the appellant shall have liberty to approach the Tribunal for restoration of his appeal.

3 Shri Sukhitram Dewangan Vs. ITO ITA No. 74/RPR/2017

5.

Resultantly, the appeal is dismissed as withdrawn subject to the observation recorded hereinabove.

Order pronounced in Open Court on 08th day of March, 2022.

Sd/- Sd/- JAMLAPPA D BATTULL RAVISH SOOD ACCOUNTANT MEMBER JUDICIAL MEMBER रायपुर/ RAIPUR ; �दनांक / Dated : 08th 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.

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