SHRI. RAJ KUMAR BAJPAI,LUCKNOW vs. ACIT, SULTANPUR

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ITA 24/ALLD/2020Status: DisposedITAT Allahabad14 January 2021AY 2014-154 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The assessee requested to withdraw the appeal as the tax liabilities were settled under the Vivad Se Vishwas Scheme. The Revenue had no objection to the withdrawal.

What were the facts?

The assessee had filed an appeal before the ITAT against an order of the CIT(A) for AY 2014-15. During the pendency of the appeal, the assessee opted for the Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether the appeal should be withdrawn as the assessee has settled tax dues under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 144,Section 5(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ALLAHABAD BENCH ,ALLAHABAD

Before: SHRI.VIJAY PAL RAO & SHRI RAMIT KOCHAR

For Appellant: Shri Prashant Kumar Verma, Advocate
For Respondent: Shri A.K.Singh,Addl. CIT(Sr. DR)
Hearing: 14.01Pronounced: 14.01.2021

O R D E R

PER SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER:

1.

This appeal, filed by assessee, being 12.12.2019 in Appeal No. CIT(A)-2/Lko./17-18 passed by learned Commissioner of Income Tax (Appeals)-, Lucknow-2, Lucknow, U.P.(hereinafter called "the CIT(A)"), for assessment year(ay)2014-15, the appellate proceedings had arisen before learned CIT(A) from assessment order dated 05.12.2016 passed by learned Assessing Officer (hereinafter called "the AO") u/s 144 of the Income-tax Act, 1961 (hereinafter called "the Act") for ay: 2014-15. We have heard this appeal through video conferencing mode through virtual court.

Mr. Raj Kumar Bajpai Assessment Year: 2014-15 2. At the time of hearing, the ld. Counsel of the assessee submitted that the assessee has approached Department to settle its outstanding tax liabilities pertaining to the appeal, in question, under “Vivad Se Viswas” scheme 2020 (hereinafter called VSVS, 2020) . The ld. Counsel for the assessee submitted that Department has issued orders in Form No. 5 , dated 11.12.2020 and there is full and final settlement of tax arrears under Section 5(2) of the Direct Tax Vivad Se Vishwas Act, 2020 read with The Direct Tax Vivad Se Vishwas Rules, 2020. The copy of Form No. 5, dated 11.12.2020 is placed on record in file. In view of above, the learned counsel for the assessee made prayers that the appeal filed by assessee with tribunal be allowed to be withdrawn in view of VSVS scheme,2020 availed by assessee. The learned DR raised no objection to dismissal of appeal filed by the assessee as being withdrawn on account of VSVS Scheme, 2020 availed by assessee.

3.

Accordingly, in the facts and circumstances of the case, when the assessee has made prayers for withdrawal of his appeal filed with the tribunal on the grounds that the assessee has availed Vivad Se Vishwas Scheme, 2020 and Revenue having no objection to withdrawal of the appeal filed by assessee with tribunal, the assessee is hereby allowed to withdraw his appeal in for ay: 2014-15 , and consequently the same is dismissed as being withdrawn. We order accordingly.

4.

In the result, the appeal of the assessee is dismissed as withdrawn.

Order pronounced in the open Court on 14 /01/2021 through video conferencing.

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