DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4, GUWAHATI vs. YEAST DEVELOPERS PRIVATE LIMITED, GUWAHATI

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ITA 261/GTY/2019Status: DisposedITAT Guwahati20 October 2021AY 2012-132 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee had complied with the Vivad Se Vishwas scheme by depositing the tax. Therefore, there was no point in keeping the departmental appeal pending.

What were the facts?

The assessee opted for the Vivad Se Vishwas Act, 2020 scheme and deposited the tax as per the scheme. The assessee filed Form No. 4 along with challan evidencing payment.

What were the issues?

Whether the departmental appeal should be dismissed as withdrawn due to the assessee's compliance with the Vivad Se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Vivad Se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “GAUHATI” BENCH: GUWAHATI

Before: Shri P. M. Jagtap, Vice-(KZ) & Shri A. T. Varkey, JM]

Pronounced: 20.10.2021

ORDER

Per Shri P.M. Jagtap, Vice-President:

1.

This is an appeal preferred by the Revenue against the order of Ld. CIT(A)-2, Guwahati dated 23.02.2017 for Assessment year 2013-14.

2.

The assessee vide its letter submitted that it has opted for the scheme under “Vivad Se Vishwas Act, 2020” (hereinafter the Scheme). It has been brought to our notice that the assessee has received Form number 3 from competent authority pursuant to the assessee filing Form nos. 1 and 2 as per the Scheme. And also the assessee has filed Form No. 4 and filed along with it challan evidencing deposit of the amount/tax as stated in Form No.

3. Therefore, we note that since the assessee has already deposited the tax as shown in Form NO. 3 and has filed Form No. 4 along with challan evidencing payment of tax as per the Scheme, there is no point in keeping the departmental appeal pending.

3.

The Ld. D.R has no objection to the Revenue appeal being withdrawn.

4.

In the light of the aforesaid facts, we treat the appeal of department as withdrawn and ergo the appeal of the revenue stands dismissed.

Order is pronounced in the open court on 20th October, 2021.

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