RAJENDRA PD. GUPTA,ALLAHABAD vs. DCIT, ALLAHABAD

ITA 378/ALLD/2014Status: DisposedITAT Allahabad24 January 2022AY 1993-946 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal allowed the assessee to withdraw the appeal. It also directed the Revenue to look into the assessee's claim of uncredited prepaid taxes and issue Form No. 5 under VSVS, 2020, if the claim is found meritorious.

What were the facts?

The assessee sought to withdraw their appeal due to availing the Vivad Se Vishwas Scheme (VSVS). However, there was a shortfall in the tax payment under the scheme, which the assessee claimed was due to uncredited prepaid taxes from the assessment year 1993-94.

What were the issues?

Whether the assessee's appeal should be withdrawn due to availing VSVS, and whether the Revenue should issue Form No. 5 despite a shortfall in payment, considering uncredited prepaid taxes.

Which sections of the Income-tax Act were involved?

Not specified

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ALLAHABAD BENCH ALLAHABAD

Before: SHRI.VIJAY PAL RAOSHRI RAMIT KOCHAR

For Appellant: Shri Pawan Jaiswal, CA
For Respondent: Shri Ramendra Kumar Vishwakarma
Hearing: 17.01.2022Pronounced: 24.01.2022

Per Shri Ramit Kochar, Accountant Member:

This appeal bearing number 378/Alld/2014 for assessment years (ay): 1993-94 had been filed by assessee before Income Tax Appellate Tribunal, Allahabad, U.P. ( hereinafter called “the tribunal”) against appellate order passed by ld. Commissioner of Income-tax(A), Allahabad, dated 12.03.2014 . This appeal was heard through video conferencing mode through Virtual Court. The appeal was first heard by Division Bench of ITAT, Allahabad Bench, Allahabad , on 17th January, 2022. On 18th January, 2022, it was fixed for clarification , with directions to both the parties to file clarification on ITA Nos.378/ALLD/2014 Shri Rajendra Prasad Gupta

The order continues below.

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