OIL india Ltd., Dibrugarh. V. The Assistant Commissioner of Income Tax, Circle-2, Dibrugarh.

ITA 35/GTY/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9719 (ITAT-GUWAHATI)
• Duration Of Justice: 2 year(s) 4 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-07-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 27-02-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRESENT

Judgement Text

ITA NO. 35/GAU/2018 ASS ESSMENT YEAR: 2014-2015 OIL INDIA LIMITED 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA-GUWAHATI E-COURT, KOLKATA BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT & SHRI A.T. VARKEY, JUDICIAL MEMBER I.T.A. NO. 35/GAU/2018 ASSESSMENT YEAR: 2014-2015 OIL INDIA LIMITED, ................................ ............................................APPELLA NT DIBRUGARH, P.O. DULIAJAN, DIST, DIBRUGARH, ASSAM-786602 [PAN: AAACO2352C] -VS.- ASSISTANT COMMISSIONER OF INCOME TAX,.............. ...........................RESPONDENT CIRCLE-2, DIBRUGARH, PUSHKARA HOUSE, N.H. 37, DIBRUGARH, ASSAM-786008 APPEARANCES BY: PRESENT FOR THE REVENUE : N O N E PRESENT FOR THE ASSESSEE : WITHDRAWAL APPLICAT ION DATE OF CONCLUDING THE HEARING : JULY 03, 2020 DATE OF PRONOUNCING THE ORDER : JULY 03, 2020 O R D E R PER BENCH :- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS), DIBRUGARH DAT ED 13.12.2017. 2. IN THIS CASE, THE ASSESSEE HAS MOVED AN APPLICAT ION SEEKING WITHDRAWAL OF THE APPEAL FILED BY IT ON THE GROUND THAT IT HAS OPTED TO SETTLE THE DISPUTE INVOLVED IN THE SAID APPEAL UNDE R THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020. IT IS ALSO STATED IN THE APPL ICATION THAT THE REQUIRED DECLARATION IN THE PRESCRIBED FORM 1 AND FORM 2 HAS BEEN FILED BY THE ASSESSEE AND THE DESIGNATED AUTHORITY HAS ALSO ISSU ED THE CERTIFICATE IN FORM NO. 3, A COPY OF WHICH IS ENCLOSED WITH THE AP PLICATION. ITA NO. 35/GAU/2018 ASS ESSMENT YEAR: 2014-2015 OIL INDIA LIMITED 2 3. THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 HAS IN TRODUCED A DISPUTE RESOLUTION SCHEME, WHICH IS APPLICABLE TO ALL APPEA LS/PETITIONS FILED BY THE TAX-PAYERS OR INCOME TAX DEPARTMENT, WHICH WERE PENDING UNTIL 31 ST JANUARY, 2020 BEFORE ANY APPELLATE FORUM INCLUDING THE INCOME TAX APPELLATE TRIBUNAL. THE PROCEDURE TO AVAIL THE SAID SCHEME IS PRESCRIBED AS UNDER:- (I) FILING OF DECLARATION IN FORM 1 AND FORM 2 DECLARATION UNDER SECTION 4(1) OF THE SCHEME SHALL BE MADE IN FORM 1 CONSISTING OF THE DETAILS REGARDING THE APPE AL TO BE SETTLED. UNDERTAKING TO BE FURNISHED BY THE DECLARA NT IN FORM 2 CONCERNING THE WAIVING OF HIS RIGHT TO SEEK OR PURS UE ANY REMEDY UNDER ANY LAW IS TO BE ACCOMPANIED ALONG WIT H FORM 1. (II) CERTIFICATE FROM THE DESIGNATED AUTHORITY IN FORM 3 THE DESIGNATED AUTHORITY WITHIN 15 DAYS FROM THE RE CEIPT OF THE DECLARATION IN FORM 1 AND FORM 2 WILL ISSUE A C ERTIFICATE IN FORM 3 UNDER SECTION 5(1) OF THE SCHEME DETERMINING THE AMOUNT PAYABLE UNDER THE SCHEME. (III) PAYMENT OF TAXES AND WITHDRAWAL OF APPEAL THE DECLARANT SHALL PAY THE AMOUNT (IF NOT ALREADY PAID) AS DETERMINED IN FORM 3 WITHIN 15 DAYS FROM THE DATE O F RECEIPT OF SUCH CERTIFICATE. THE DECLARANT IS ALSO REQUIRED TO WITHDRAW THE APPEAL FOR WHICH THE DECLARATION IS FILED AFTER RECEIPT OF CERTIFICATE UNDER SECTION 5(1) OF THE SCHEME. 4. AS ALREADY NOTED, THE ASSESSEE HAS DULY FILED TH E DECLARATIONS IN FORM 1 AND FORM 2 AND THE DESIGNATED AUTHORITY HAS ALSO ISSUED THE CERTIFICATE IN FORM 3 AS PER SECTION 5(1) OF THE SC HEME DETERMINING THE TAX PAYABLE BY THE ASSESSEE UNDER THE SCHEME. ON RE CEIPT OF THE SAID CERTIFICATE IN FORM 3, THE ASSESSEE IS NOW SEEKING TO WITHDRAW THIS APPEAL ITA NO. 35/GAU/2018 ASS ESSMENT YEAR: 2014-2015 OIL INDIA LIMITED 3 AS REQUIRED UNDER THE SCHEME AND KEEPING IN VIEW TH AT THE ASSESSEE HAS DULY COMPLIED WITH THE NECESSARY REQUIREMENTS UNDER THE SCHEME, WE PERMIT THE WITHDRAWAL OF THIS APPEAL FILED BY THE A SSESSEE AND DISMISS THE SAME AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON JULY 03, 2020 . SD/- SD/- (A.T. VARKEY) (P.M. JAGTAP) JUDICIAL MEMBER VIC E-PRESIDENT) KOLKATA, THE 3 RD DAY OF JULY, 2020 COPIES TO : (1) OIL INDIA LIMITED, DIBRUGARH, P.O. DULIAJAN, DIST, DIBRUGARH, ASSAM-786602 (2) ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, DIBRUGARH, PUSHKARA HOUSE, N.H. 37, DIBRUGARH, ASSAM-786008 (3) COMMISSIONER OF INCOME TAX (APPEALS), DIB RUGARH; (4) COMMISSIONER OF INCOME TAX- , (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER SR. P.S./ DDO, ITAT, GUWAHATI, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.