THE ROYAL BANK OF SCOTLAND N.V. vs. COMMISSIONER OF INCOME TAX W.B. III KOL

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ITA/46/2006HC CalcuttaWBCHCO000621200622 February 2022Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court allowed the petition (GA/1/2014) for change in the cause title. Regarding the appeal (ITA/46/2006), the Court noted the submission of the appellant's counsel that the assessee had availed the benefit of the direct tax Vivad Se Vishwas Scheme and Form No. 5 was issued on July 27, 2020. Based on this submission, the Court held that the appeal stands dismissed. The substantial question of law, if any, was left open. The operative direction was the dismissal of the appeal.

What were the facts?

The assessee, M/s. ABN AMRO Bank N.V., filed an appeal (ITA/46/2006) before the High Court at Calcutta against an order passed by the Commissioner of Income Tax, West Bengal – III, Kolkata. The appeal pertains to an assessment year not specified in the judgment. During the pendency of the appeal, the assessee availed the benefit of the direct tax Vivad Se Vishwas Scheme. Consequently, Form No. 5 was issued to the assessee on July 27, 2020. The appellant's counsel submitted that due to availing the scheme, the appeal stands dismissed.

What were the issues?

1. Whether the appeal stands dismissed consequent to the assessee availing the benefit of the direct tax Vivad Se Vishwas Scheme, as contended by the appellant? Assessee's contention: The assessee, through its counsel, submitted that it has availed the benefit of the direct tax Vivad Se Vishwas Scheme and Form No. 5 has been issued on July 27, 2020. Therefore, the appeal stands dismissed. Revenue's contention: The judgment does not record any specific contention from the revenue regarding the dismissal of the appeal due to the Vivad Se Vishwas Scheme. However, the revenue was represented by counsel.

AI-generated summary — verify with the full judgment below

OD – 20 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE ITA/46/2006 IA NO: GA/1/2014 (OLD NO.GA/3590/2014) M/S. ABN AMRO BANK N.V. VS. COMMISSIONER OF INCOME TAX, WEST BENGAL – III, KOLKATA BEFORE : THE HON’BLE JUSTICE T.S. SIVAGNANAM A N D THE HON’BLE JUSTICE HIRANMAY BHATTACHARYYA Date : February 22, 2022. [Via Video Conference] Appearance : Mr. Akhilesh Gupta, Adv. Mr. Asit De, Adv. … for the appellant Mr. S.N. Dutta, Adv. Mr. P.K. Bhowmik, Adv. Mr. Asok Bhowmik, Adv. … for the respondent GA/1/2014 (OLD NO.GA/3590/2014) The Court : This petition is allowed as prayed for. The Registrar, O.S. along with Registrar, I.T. is directed to effect the necessary change in the cause title. ITA/46/2006 Learned Counsel for the appellant submitted that assessee has availed the benefit of direct tax Vivad Se Vishwas Scheme and Form

2 No. 5 has been issued on 27th July, 2020. Hence, the appeal stands dismissed and the substantial question of law is left open. (T. S. SIVAGNANAM, J.) (HIRANMAY BHATTACHARYYA, J.) RS/GH

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