2021 (3) TMI 1332 - AT - Income Tax

Direct Taxes Vivaad Se Vishwas Act 2020 - HELD THAT - We find that cross quantum appeals filed by the assessee and Revenue in which Form No. 3 has already been issued to the assessee under The Direct Taxes Vivaad Se Vishwas Act 2020 are cross penalty appeals for assessment year 2009-10 arising out of the same quantum proceedings for assessment year 2009-10. In view of this as Form No 3 has already been issued to the assessee in quantum appeals of the assessee as well as the appeals of the Revenue in quantum proceedings as well as penalty proceedings are treated as withdrawn and hence dismissed.

Summary

Issues:
1. Assessment year 2009-10 - Quantum appeals and penalty appeals filed by both assessee and Revenue.
2. Validity of withdrawal of appeals under The Direct Taxes Vivaad Se Vishwas Act, 2020.
3. Objection by Revenue regarding withdrawal of their appeal by the assessee.
4. Dismissal of appeals and granting liberty for recall if dispute is not settled.

Analysis:
1. The judgment pertains to multiple appeals for assessment year 2009-10, involving quantum appeals and penalty appeals filed by both the assessee and the Revenue. The appeals were against the orders of Commissioner of Income Tax (Appeals) and were related to the same dispute.

2. During the hearing, the assessee informed the tribunal that relevant petitions were filed under The Direct Taxes Vivaad Se Vishwas Act, 2020 for settling the dispute. The assessee requested the withdrawal of all four appeals, as Form No. 3 had been issued to settle the dispute. The tribunal considered this request in light of the Act and the issuance of Form No. 3.

3. The Revenue objected to the withdrawal of their appeal by the assessee, while having no objection to the withdrawal of the assessee's appeal. The tribunal took note of this objection raised by the Revenue.

4. After careful consideration, the tribunal observed that Form No. 3 had been issued to the assessee under The Direct Taxes Vivaad Se Vishwas Act, 2020, leading to the dismissal of all appeals. Both quantum appeals and penalty appeals were treated as withdrawn and dismissed. The parties were granted liberty to approach the tribunal for a recall of the order if the dispute remained unsettled.

This detailed analysis of the judgment highlights the key issues addressed by the tribunal, including the withdrawal of appeals under the Vivaad Se Vishwas Act, objections raised by the Revenue, and the ultimate dismissal of the appeals with the provision for a potential recall in case of unresolved disputes.