ACIT (EXEMPTION) CIRCLE 1(1) KOLKATA, KOLKATA vs. BANDHAN KONNAGAR, HOOGHLY

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ITA 1606/KOL/2024Status: DisposedITAT Kolkata20 February 2025AY 2015-16Bench: SRI SANJAY GARG, JUDICIAL MEMBER & SRI Rakesh Mishra (Accountant Member)1 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal is dismissed as infructuous because the assessee has availed the Vivad Se Vishwas Scheme. However, the department is at liberty to seek restoration if the scheme application is not accepted.

What were the facts?

The assessee availed the Vivad Se Vishwas Scheme, 2024 and deposited the due taxes. The Ld. Counsel submitted that the appeal of the revenue has become infructuous and should be dismissed.

What were the issues?

Whether the appeal filed by the revenue is infructuous due to the assessee availing the Vivad 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, KOLKATA ‘B’ BENCH, KOLKATA

Before: SRI SANJAY GARG & SRI Rakesh Mishra

For Appellant: Shri P. N. Barnwal, CIT, DR
For Respondent: Shri A. K. Tulsyan, FCA & Shri Deepak

ACIT, (Exemption) Circle-1(1), Kolkata ………. Appellant Vs. Bandhan Konnagar, Hooghly ......... Respondent 99H2, Haran Chandra Banerjee Road, Hooghly, West Bengal-712235 (PAN: AAAAB3429P) Appearances: Appellant represented by : Shri P. N. Barnwal, CIT, DR Respondent represented by : Shri A. K. Tulsyan, FCA & Shri Deepak Mundhra, AR Date of concluding the hearing : February 20, 2025 Date of pronouncing the order : February, 20,2025 ORDER

Per Sanjay Garg, Judicial Member:

1.

The captioned appeal filed by the revenue is directed against the order dated 10.06.2024 of the Commissioner of Income Tax (Appeal), Kolkata-27 [hereinafter referred to as Ld. 'CIT(A)'] passed u/s. 250 of the Income Tax Act, 1961 (hereinafter referred to as the “Act”) for Assessment Year (AY) 2015-16.

2.

At the outset, the Ld. Counsel for the assessee has submitted that the assessee has availed Vivad Se Vishwas Scheme, 2024 and deposited the due taxes also. The Ld. Counsel has also produced on file the Form-1 and Form- 2 issued by the Department and further, a copy of the challan vide which the Assessment Year: 2015-16 Bandhan Konnagar due taxes have been paid. The Ld. Counsel, therefore, has submitted that the appeal of the revenue has become infructuous and the same may be dismissed.

3.

Ld. DR has not objected to the same. However, has requested that in case the assessee’s application for availing Vivad Se Vishwas Scheme, 2024 is not accepted for any reason, whatsoever, the department should be given liberty to move an application for restoration of the appeal.

4.

In view of the above, the present appeal of the revenue is hereby dismissed being infructuous as the assessee has availed Vivad Se Vishwas Scheme, 2024. However, it is made clear that if for any reasons, whatsoever, the assessee’s application for availing Vivad Se Vishwas Scheme, 2024 is not accepted by the department, the department in that event will be at liberty to get its appeal restored by moving an application to that effect. With the above observation, the appeal of the revenue is hereby dismissed.

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