M/S. LIC EMPLOYEE COPERATIVE CREDIT SOCIETY LIMITED,KANPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX-1, KANPUR

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ITA 483/LKW/2018Status: DisposedITAT Lucknow13 September 2021AY 2010-112 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee had opted for the Vivad Se Vishwas Scheme and had obtained certificates for full and final settlement of tax arrears. Consequently, the appeals were dismissed as withdrawn.

What were the facts?

The assessee filed appeals for assessment years 2009-10 to 2014-15. The assessee subsequently applied for withdrawal of these appeals.

What were the issues?

Whether appeals should be dismissed as withdrawn when the assessee has opted for the Vivad Se Vishwas Scheme and settled tax arrears.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

Income Tax Appellate Tribunal, LUCKNOW BENCH “A”, LUCKNOW

Before: SHRI A.D JAIN & SHRI T.S. KAPOOR

For Respondent: Smt. Namita Pandey, CIT(DR)
Hearing: 08/09/2021Pronounced: 13/09/2021

PER BENCH :

1.

These are assessee’s appeals for Assessment Years 2009-10 to 2014-15 against the separate orders of the ld. CIT(A)-II, Kanpur dated 06.03.2018 respectively.

2.

At the outset, it was noticed that the assessee has submitted applications, received by the Registry of this Office on 26.07.2021, vide which it has been submitted that the Principal Commissioner of Income Tax (Central), Kanpur-1 has issued certificates in Form No.5 on 13.05.2021 in and 485/Lkw/2018 and on 11.05.2021 in ITA Nos.483, 486 and 487/Lkw/2018 under the Vivad Se Vishwas Scheme. The assessee has also filed Form No.3 in ITA No. 484/Lkw/2018 dated 03.04.2021 issued by PCIT, Kanpur-1 under the Vivad Se Vishwas Scheme. The assessee has also filed the copies of Form No.5, i.e. the order of the PCIT, Kanpur-1 for full and final settlement of tax arrears under section 5(2) read with section 6 of the DTVSVA, 2020. It was contended that since the assessee has opted for Vivad Se Viswas Scheme and tax payable on the assessee appeals has been deposited and orders for final settlement of tax arrears have been passed by the designated authority, therefore, the appeals filed by the assessee may be dismissed as withdrawn. The Id. D. R. has no objections. Accordingly, since Forms No. 5 have been generated in the assessee appeals, the appeals of the assessee are ordered to be dismissed as withdrawn.

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