ACIT, CIRCLE-1, PATNA vs. AMIT KUMAR BANKA, PATNA

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ITA 241/PAT/2019Status: DisposedITAT Patna22 September 2020AY 2014-152 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal as withdrawn, subject to the condition that if the assessee's application under the "Vivaad Se Vishwas Scheme" is not accepted, the appeal would be revived.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for Assessment Year 2014-15. The assessee filed an application for settlement of the dispute under the "Vivaad Se Vishwas Scheme".

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee's application under the "Vivaad Se Vishwas Scheme".

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PATNA ‘VIRTUAL COURT’ AT KOLKATA

Before: SHRI J. SUDHAKAR REDDY, HON’BLE & SHRI S.S. GODARA HON’BLE]

Date of concluding the hearing : September 22, 2020 Date of pronouncing the order September 22, 2020 ORDER

PER J. SUDHAKAR REDDY, HON’BLE AM

1.

This appeal filed by the revenue is directed against the order of the Learned Commissioner of Income Tax (Appeals)- I, Patna, (hereinafter the ‘ld. CIT (A)’), dt. 03.07.2019, passed u/s 250 of the Income Tax Act, 1961 (the ‘Act’), relating to the Assessment Year 2014-15.

2.

The ld. Counsel for the assessee submitted that an application has been filed by the assessee for settlement of this dispute in this revenue appeal under the “Vivaad Se Vishwas Scheme”.

3.

Thus, this revenue appeal is dismissed as withdrawn with a condition that if the assessee’s application for settlement of this revenue appeal is not accepted under the “Vivaad Se Vishwas Scheme”, this appeal would get revived. The revenue

Assessment Year: 2014-15 Amit Kumar Banka shall file suitable application for restoration of the appeal in such situation. In view of the above discussion, we dismiss this appeal conditionally, as withdrawn.

4.

In the result, appeal of the revenue is dismissed. Order Pronounced in the Open Court on 22nd September, 2020. Sd/- Sd/- (S.S. Godara) (J. Sudhakar Reddy) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 22/09/2020 Biswajit, Sr. PS Copy of order forwarded to:

1. 1. ACIT, Circle – 1, Patna.

2. Amit Kumar Banka, Jhauganj, Ghat Lane, Opp. Pittal ke Mahadeo, Patna City, Patna – 800008.

3. The CIT(A) 4. The CIT 5. DR True Copy, By order,

Sr. Private Secretary ITAT, Patna Bench

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