THE INCOME TAX OFFICER, WARD - 2(1), BELAGAVI vs. SMT SUNITA S KATARIA, BELAGAVI

PDF · subscribers
ITA 270/PAN/2019Status: DisposedITAT Panaji07 October 2021AY 2012-135 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The Tribunal dismissed the appeals filed by both the assessees and the revenue as withdrawn, in accordance with the Vivad Se Vishwas Scheme. This decision is subject to the condition that if the tax arrears are not resolved under the scheme, parties can approach the Tribunal for reinstitution of appeals.

What were the facts?

The appeals were filed by various assessees and the department. Some appeals were barred by limitation, but the delay was condoned. All parties had complied with the requirements of the Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to compliance with the Vivad Se Vishwas Scheme, 2020.

Which sections of the Income-tax Act were involved?

Section 5(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PANAJI, BENCH PANAJI

Before: SHRI LALIET KUMAR, JM & DR. MITHA LAL MEENA, AM

For Respondent: Shri Sourabh Nayak, Sr. DR, Smt. Sonali M. Naik Gaunekar, Shri Sourabh Nayak, Sr. DR, Shri Ranesardesai Wamanrao, Shri D.E.Robinson, Advocate, Shri Sourabh Nayak, Sr. DR, Ms. Sunaiana Bhatia, CA, Shri Sourabh Nayak, Sr. DR
Hearing: 05/10/2021Pronounced: 07/10/2021

Heard together (3 matters)

ITA No.114/PAN/2017
ITA Nos.269/PAN/2019
ITA Nos.270/PAN/2019

Read from the judgment's own cause title. This page is filed under one of them.

Per Bench : The above appeals have been filed by the different assessees as well as the department for the different assessment years under consideration.

4

2.

Out of the above appeals, two appeals i.e. ITA Nos.117 & 118/PAN/2018 are barred by limitation of 7 days. In this regard, the assessee has filed an application for condonation of delay along with affidavit. Learned. DR has no objection for condoning the delay of 7 days in both the appeals. Considering the application of assessee along with affidavit filed for condonation of delay, we condone the delay of 7 days in both the appeals.

3.

At the outset, on perusal of the record, we found that the assessees in their respective appeals and the department in its respective appeals have filed the declarations in Form No.1 and Form No.2 and the Designated Authority has issued the certificate in Form No.3 as per Section 5(1) of the Scheme accepting the assessee’s declaration under the same Scheme. Ld. DR has no objection to the submission made by the ld. AR of the assessee in this regard.

4.

On perusal of the documents placed on record of the Tribunal, especially the fact that the present assessees in their respective appeals and the department in its respective appeals have duly complied with the necessary requirement under the Vivad Se Vishwas Scheme, 2020, the permission as sought is granted and these appeals appeal of the assessees and revenue are dismissed treating the same as withdrawn.

5.

However, the aforesaid decision is subject to caveat that the case disputed relating to tax arrears for the caveat assessment year is not ultimately resolved in terms of the Act, the revenue and the assessee shall be at liberty to approach the Tribunal for the reinstitution of the 5 respective appeals and the Tribunal shall consider such consideration as per law.

6.

In the result, the appeals filed by the assessees and revenue are dismissed as withdrawn Order pronounced in the open court on 07/10/ 2021. (ऱलऱत कुमार) (डॉ मीठा ऱाऱ मीना) (LALIET KUMAR) (DR. MITHA LAL MEENA) न्याययक सदस्य / JUDICIAL MEMBER ऱेखा सदस्य / ACCOUNTANT MEMBER पणजी/Panaji; ददनाांक Dated 07/10/2021 Prakash Kumar Mishra, Sr.P.S. आदेश की प्रयिलऱपप अग्रेपषि/Copy of the Order forwarded to : अऩीऱाथी / The Appellant- 1. 2. प्रत्यथी / The Respondent- आयकर आयुक्त(अऩीऱ) / The CIT(A), 3. आयकर आयुक्त / CIT 4. ववभागीय प्रयतयनधध, आयकर अऩीऱीय अधधकरण, पणजी / DR,

5.

ITAT, Panjaji गाडा पाईऱ / Guard file. 6. सत्यावऩत प्रयत ////

आदेशानुसार/ BY ORDER,

(Senior Private Secretary) आयकर अपीऱीय अधिकरण, पणजी/ITAT, Panaji

More judgments on Section 5(1)

All 1,811 judgments and leading authorities on Section 5(1) →

Recent GST High Court judgments

Search GST case law →