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Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM
Before: SHRI N.K.CHOUDHRY, HON’BLE & SHRI D.S. SUNDER SINGH, HON’BLE
Per D.S.Sunder Singh, Accountant Member :
This appeal is filed by the revenue against the order of the Commissioner of Income Tax (Appeals) [CIT(A)]-1, Visakhapatnam in ITA No.283/2011-12/ACIT,C-3(1), Vsp/2011-12 dated 20.06.2018 for the Assessment Year (A.Y.) 2009-10. 2 I.T.A. No.478/Viz/2018, A.Y.2009-10 M/s Bharat Heavy Plates & Vessels Ltd., Visakhapatnam
When this appeal is taken up for hearing, the assessee has filed a letter stating that the assessee preferred an application u/sec. 4(2) of Vivad Se Vishwas Act, 2020 and the Principal Commissioner of Income Tax (Pr.CIT), Visakhapatnam was pleased to issue a Certificate in Form No.3 on 29.12.2020. Form No.3 is a certificate under sub-section (1) of section 5 of the Direct Tax Vivad Se Vishwas Act, 2020, issued by the Pr.CIT, determining the total tax payable by the assessee in response to the application made by the assessee under the scheme. Thus, on issue of the certificate in Form No.3, the tax dispute stands settled unless the certificate is withdrawn or cancelled by the Pr.CIT. The assessee has filed a letter dt.16.02.2021 withdrawing the appeal. During the appeal hearing, the Ld.DR did not object for dismissal of appeal as withdrawn. However, submitted that appeal may be recalled in case the certificate issued by the Pr. Commissioner is withdrawn at a future date due to any unforeseen contingencies.
We have heard both the sides and gone through the Form No.3 and also the petition filed by the assessee praying for dismissal of the departmental appeal as the issue is settled under Vivad se Vishwas Scheme. During the appeal hearing, the Ld.DR did not object for disposal of the 3 I.T.A. No.478/Viz/2018, A.Y.2009-10 M/s Bharat Heavy Plates & Vessels Ltd., Visakhapatnam
appeal as requested by the assessee, since, the Pr.CIT had issued Form No.3 determining the total tax liability as per sub section (1) of section 5 of Vivad se Vishwas Act towards full and final settlement of the tax dues. Since, the dispute is settled under the Vivad se Vishwas Scheme and accepted by the Pr.CIT, the appeal filed by the department becomes infructuous, hence the same is dismissed. However, it is open to the department to file an appropriate application before the Tribunal in case the certificate issued by the Pr. Commissioner is withdrawn at a future date due to non payment of taxes as specified in Form No.3 or any unforeseen contingencies. Accordingly, the appeal filed by the department is dismissed as infructuous.
In the result, revenue’s appeal is dismissed as infructuous. Order pronounced in the open court on 3rd March, 2021. (एन के चौिरी ) (धड.एस .सुन्दर धसंह) (N.K.CHOUDHRY) (D.S.SUNDER SINGH) न्याधयक सदस्य / JUDICIAL MEMBER लेखा सदस्य /ACCOUNTANT MEMBER Dated : 03.03.2021 L.Rama, SPS
4 I.T.A. No.478/Viz/2018, A.Y.2009-10 M/s Bharat Heavy Plates & Vessels Ltd., Visakhapatnam
आदेश की प्रतितिति अग्रेतषि/Copy of the order forwarded to:- 1. राजस्व/The Revenue – Asst.Commissioner of Income Tax, Circle-1(1), Visakhapatnam 2. तिर्ााररिी/ The Assessee– M/s Bharat Heavy Plates & Vessels Ltd., 10-3, Administrative Building, BHPV Post, Nathayyapalem, Visakhapatnam
The Pr.Commissioner of Income Tax -1, Visakhapatnam
The Commissioner of Income Tax (Appeals)-1, Visakhapatnam 5. तवभागीय प्रतितितर्, आयकर अिीिीय अतर्करण, तवशाखािटणम/DR, ITAT, Visakhapatnam 6.गार्ाफ़ाईि / Guard file आदेशािुसार / BY ORDER ////
Sr. Private Secretary ITAT, Visakhapatnam