DIRECTOR OF INCOME TAX (INTERNATIONAL TAXATION) vs. M/S. THE ROYAL BANK OF SCOTLAND

PDF · subscribers
ITA/33/2012HC CalcuttaWBCHCO000082201222 November 2022Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA2 pages
AI SummaryWithdrawn

What did the High Court hold?

The Court noted the submission made by the learned counsel for the respondent/assessee that the assessee has availed the benefit of the "Vivad Se Vishwas Scheme" and Form V has been issued recording the same. Consequently, the appeals were disposed of. The Court explicitly stated that the substantial questions of law are left open. This implies that while the appeals are no longer being adjudicated on merits due to the scheme, the underlying legal issues remain undecided by the High Court. The ratio would be that if an assessee opts for and is granted relief under a settlement scheme like "Vivad Se Vishwas", the pending appeals are disposed of without deciding the substantial questions of law.

What were the facts?

These are two appeals filed by the Director of Income Tax (International Taxation), Kolkata, against M/s. ABN AMRO Bank NV (ITA/19/2012) and The Royal Bank of Scotland (ITA/33/2012). The appeals were before the High Court at Calcutta, Original Side. The learned counsel for the respondent/assessee submitted that the assessee has availed the benefit of the "Vivad Se Vishwas Scheme" and Form V has been issued recording the same. The Court noted this submission.

What were the issues?

1. Whether the appeals are to be disposed of in light of the assessee availing the "Vivad Se Vishwas Scheme"? (Question of mixed law and fact, concerning the applicability of a scheme). Assessee's Contention: The assessee has availed the benefit of the "Vivad Se Vishwas Scheme", and Form V has been issued, indicating the settlement of the dispute under the scheme. Revenue's Contention: Not recorded in the judgment.

AI-generated summary — verify with the full judgment below

O-140 & 141

IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE

ITA/19/2012 DIRECTOR OF INCOME TAX (INTERNATIONAL TAXATION), KOLKATA VS. M/S. ABN AMRO BANK NV

ITA/33/2012 DIRECTOR OF INCOME TAX (INTERNATIONAL TAXATION), KOLKATA VS. THE ROYAL BANK OF SCOTLAND

BEFORE :

THE HON’BLE JUSTICE T.S. SIVAGNANAM

And THE HON’BLE JUSTICE HIRANMAY BHATTACHARYYA Date : 22nd November, 2022

Appearance : Ms. Smita Das De, Adv. …for the appellant in ITAT 19 of 2012.

Mr. Smarajit Roychowdhury, Adv. …for the appellant in ITAT 33 of 2012.

Mr. Asit Kr. De, Adv. …for the respondents.

The Court : We have heard the learned standing counsel appearing for the appellant/revenue and the learned counsel for the respondent/assessee. Learned counsel for the respondent/assessee submitted that the assessee has availed the benefit of the “Vivad Se Vishwas Scheme” and Form V has been issued recording the same.

2 The appeals stand disposed of and the substantial questions of law are left open.

(T.S. SIVAGNANAM, J.)

(HIRANMAY BHATTACHARYYA, J.)

s.pal/SN.

Recent GST High Court judgments

Search GST case law →