DY. COMMISSIONER OF INCOME TAX, LUDHIANA vs. M/S SAINI MOTORS, LUDHIANA

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ITA 1455/CHANDI/2016Status: DisposedITAT Chandigarh27 January 2021AY 2003-042 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The tribunal noted that the dispute relating to tax arrears has been settled under the Vivad se Vishwas Act. Consequently, the Department's appeal has become infructuous.

What were the facts?

The Department filed an appeal against the CIT(A)'s order. The assessee firm opted for the Direct Tax Vivad se Vishwas Act, 2020, and received a certificate confirming settlement of tax arrears.

What were the issues?

Whether the Department's appeal is rendered infructuous due to the assessee opting for the Vivad se Vishwas Scheme and settling tax arrears.

Which sections of the Income-tax Act were involved?

Section 5(2),Section 6

AI-generated summary — verify with the full judgment below

आदेश/Order

PER N.K. SAINI, VICE PRESIDENT:

This is an appeal by the Department against the order dt. 21/10/2016 of Ld. CIT(A)-2, Ludhiana

2.

The partners of the assessee firm had furnished copy of the Form No. 5 under Direct Tax Vivad se Vishwas Act, 2020 wherein it has been mentioned that the designated authority issued certificate No. 102248760050121 dt. 05/01/2021.

3.

The Ld. DR submitted that since the dispute relating to tax arrears has been settled, therefore the appeal of the Department now become infructuous as per the provisions of Section 5(2) r.w.s 6 of the Vivad se Vishwas Act, 2020.

4.

Ld. Counsel for the Assessee furnished an application stating therein that the assessee has opted for Vivad Se Vishwas Scheme, which is placed on record.

5.

In view of the above the appeal of the Department is dismissed as infructuous.

6.

In the result appeal of the Department is dismissed.

Order pronounced on 27/01/2021

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