Rameshbhai Jerambhai Pachani, Surat V. Dy. Commissioner of Income Tax, Central Circle- 2, Surat

ITA 11/SRT/2022

AI Insights

The case involves Shri Rameshbhai Jerambhai Pachani, the appellant, who contested a penalty imposed under section 271AAB of the Income Tax Act, 1961, for the assessment year 2013-14. The penalty was initially levied by the Assessing Officer and upheld by the Commissioner of Income Tax (Appeals)-4, Surat. However, the appellant opted for the 'Vivad Se Vishwas Scheme-2020', a government initiative aimed at settling tax disputes, which led to the withdrawal of the appeal. The Tribunal noted the approval of the appellant's application under this scheme and dismissed the appeal, allowing for restoration if the scheme's application fails.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 302036 (ITAT-SURAT)
• Duration Of Justice: 11 year(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-11-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 15-11-2022
• Assessment Year: misc
• Appeal Filed On: 18-11-2011
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JM &DR. A.L.SAINI, AM आयकरअपीलसं./ITA No.11/SRT/2022 (िनधाᭅरणवषᭅ / Assessment Year: (2013-14) (Physical Court Hearing) Shri Rameshbhai Jerambhai Pachani 1, Swaminarayan Nagar Vibhag-1, B/h Kalakunj, Varachha Road, Surat-395006 Vs. Deputy Commissioner of Income Tax, Central Circle-2, Surat, Aaykar Bhawan, Nr. Majura Gate, Opp. New Civil Hospital, Surat- 395001 ᭭थायीलेखासं./जीआइआरसं./PAN/GIR No.: AICPP4417 A (Appellant ) (Respondent) Ǔनधा[ǐरती कȧ ओर से /Assessee by : Shri Ashwin K Parekh, C.A राजèव कȧ ओर से /Respondent by : Shri Vinod Kumar– Sr.DR सुनवाईकᳱतारीख/ Date of Hearing : 16/11/2022 घोषणाकᳱतारीख/Date of Pronouncement : 21/11/2022 आदेश / O R D E R PER DR. A. L. SAINI, ACCOUNTANT MEMBER: Captioned appeal filed by the assessee pertaining to assessment year 2013- 14, is directed against the order passed by the learned Commissioner of Income Tax(Appeals)-4 Surat, dated 13.12.2021, which in turn arises out of a penalty passed by the Assessing Officer u/s 271AAB of the Income Tax 1961, dated 28.09.2015. 2. We have heard Ld. Authorized Representative for the assessee and Ld. DR for the Revenue and note that assessee’s appeal in ITA No.11/SRT/2022, for assessment year 2013-14, which is listed for hearing today i.e. on 16.11.2022, the Ld. AR for the assessee informs the Bench by way of a letter dated 11.11.2022 that assessee has already filed an application in Form No.1 and 2 for settlement of its case under the Vivad se Vishwas Scheme 2020. The assessee’s application under Vivad Se Vishwas Scheme, for ITA No.11/SRT/2022 has been approved by Page | 2 ITA No.11/SRT/2022 A.Y.13-14 Sh. Rameshbhai J Pachani the Ld.PCIT (Central), Surat, bearing Certificate No.132793520080121 dated 08.01.2021, which is also placed before the Bench. The Assessee prayed for withdrawal of the appeal to which, the learned Departmental Representative did not raise any objection. 3. We have gone through FORM-3 filed by the assessee to obtain the benefit of ‘Vivad Se Vishwas Scheme’ and noted that assessee has opted the Scheme of Vivad Se Vishwas Scheme-2020 hence appeal of the assessee is dismissed as withdrawn with liberty to the assessee as well as to the Revenue that in case, if the application preferred by the assessee under VSV-2020 does not get finally settled for any reason whatsoever, then both the parties are at liberty to prefer Miscellaneous Application before this Tribunal for restoration of this appeal and in such event, the appeal shall be restored. The Assessing Officer is directed to pass consequential order as per CBDT Circular No.3/2021 dated 04.03.2021. 4. In the result, appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 21/11/202 by placing the result on the Notice Board as per Rule 34(5) of the Income Tax (Appellate Tribunal) Rule, 1963. Sd/- Sd/- (PAWAN SINGH) (Dr. A.L. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER Surat/ᳰदनांक/ Date: 21/11/2022 Dkp, Outsourcing Sr.P.S. Copy of the Order forwarded to 1. The Assessee 2. The Respondent 3. The CIT(A) 4. Pr.CIT 5. DR/AR, ITAT, Surat 6. Guard File By Order // True Copy // Assistant Registrar/Sr. PS/PS ITAT, Surat