M/s Puls Multi Specialty Medical Research Centre (I) Pvt. Ltd., Deoria V. ACIT, Circle - Azamgarh, Azamgarh

ITA 116/VNS/2020

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 3921 (ITAT-VARANASI)
• Duration Of Justice: 1 year(s) 7 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-04-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2015-2016
• Appeal Filed On: 17-09-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CIRCUIT BENCH, VARANASI BEFORE SHRI.VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ITA No.116/VNS/2020 Assessment Year: 2015-16 M/s Puls Multi Specialty Medical Research Asstt. CIT, Centre (I) Private Limited, Azamgarh 4 KM, Mile Stone Gorakhpur Road, Deoria, Uttar Pradesh PAN-AAFCP6544E v. ACIT, Circle Azamgarh, Uttar Pradesh (Appellant) (Respondent) Appellant by: None Respondent by: Sh. A.K. Singh, Sr. DR Date of hearing: 25.03.2022 Date of pronouncement: 25.03.2022 O R D E R PER VIJAY PAL RAO, JM 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 27 th 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 The learned DR has raised no objection if the present appeal of the assessee is dismissed as withdrawn. 4.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 ITA No. 116/VNS/2020 2 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of the assessee for seeking withdrawal is allowed and consequently the appeal of the assessee is dismissed being withdrawn as the dispute has been settled under Vivad Se Vishwas Scheme, 2020. 5.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. Sd/- Sd/- [RAMIT KOCHAR] [VIJAY PAL RAO] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 21/04/2022 Varanasi Sh Copy forwarded to: 1. Appellant-M/s Puls Multi Specialty Medical Research Centre Pvt. Ltd. 2. Respondent-ACIT, Azamgarh 3. CIT(A),Varanasi 4. CIT 5. DR By order Assistant Registrar