DIRECTOR OF INCOME TAX (INTERNATIONAL TAXATION) vs. ABN AMRO BANK

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ITA/49/2011HC CalcuttaWBCHCO000116201130 November 2023Bench: HON'BLE JUSTICE SURYA PRAKASH KESARWANI,HON'BLE JUSTICE RAJARSHI BHARADWAJ2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court, upon joint production of Form-5 by both learned counsel for the appellant (Revenue) and the respondent (assessee), noted that the assessee had availed the benefit of the "Vivad-se-Viswas Scheme". Consequently, the Court disposed of the appeal (ITA No. 49 of 2011). The Court explicitly stated that the substantial questions of law, as framed in the memorandum of appeal, were left open. No decision was made on the merits of the substantial questions of law. The operative direction was to dispose of the appeal based on the settlement under the Vivad-se-Viswas Scheme.

What were the facts?

The appeal, ITA No. 49 of 2011, was filed by the Director of Income Tax (International Taxation) against ABN AMRO Bank. The matter was before the High Court at Calcutta, Original Side. The assessment years are not specified in the provided text. The appeal was filed against an order or action by the Income Tax Department. The parties jointly produced a copy of Form-5, indicating that the assessee had availed benefits under the "Vivad-se-Viswas Scheme". This scheme allows for the settlement of tax disputes. The parties requested that the appeal be disposed of based on this settlement, with the substantial questions of law left open.

What were the issues?

The primary issue was how to dispose of the appeal given the assessee's availing of the Vivad-se-Viswas Scheme. The substantial questions of law framed in the appeal were not explicitly stated in the provided text. The parties' arguments were: Assessee: The assessee, having availed the benefit of the Vivad-se-Viswas Scheme, sought disposal of the appeal. Revenue: The revenue agreed with the assessee's submission for disposal of the appeal in light of the scheme. Both parties jointly requested that the substantial questions of law be left open.

AI-generated summary — verify with the full judgment below

OD-11 ITA/49/2011 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (Income Tax) ORIGINAL SIDE DIRECTOR OF INCOME TAX, (INTERNATIONAL TAXATION) -Versus- ABN AMRO BANK BEFORE : THE HON’BLE JUSTICE SURYA PRAKASH KESARWANI And THE HON’BLE JUSTICE RAJARSHI BHARADWAJ Date : 30th November, 2023 Appearance : Ms. Smita Das De, Adv. ...for the appellant. Mr Akhilesh Kumar Gupta, Adv. Mr. Asit Kumar De, Adv. ...for the respondent. The Court : Heard Ms. Smita Das De, learned standing counsel for the appellant/income tax department and Mr. Akhilesh Kumar Gupta, learned counsel for the respondent/asessee. Both the learned counsel for the parties have jointly produced before us a copy of Form-5 relating to ITA No.49 of 2011 and state that in view of the benefit availed by the assessee under the “Vivad-se-Viswas Scheme” as evidenced by Form-5, this appeal may be disposed of and the substantial questions of law as framed in the appeal may be left open.

2 Copy of Form-5 as produced jointly by learned counsel for the parties is kept on record. In view of the aforesaid, the appeal (ITA/49/2011) is disposed of and the substantial questions of law as framed in the memorandum of appeal are left open. (SURYA PRAKASH KESARWANI, J.) (RAJARSHI BHARADWAJ, J.) As.

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