M/S. OBEROI HOTELS PVT. LTD.,KOLKATA vs. DCIT, CIRCLE - 8(2), KOLKATA, KOLKATA

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ITA 1494/KOL/2019Status: DisposedITAT Kolkata29 September 2022AY 2007-083 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the Assessing Officer subsequently passed rectification orders waiving the interest under Section 234B. In light of these rectification orders, the assessee sought to withdraw the appeals.

What were the facts?

The assessee filed appeals against the CIT(A) orders for assessment years 2007-08 and 2009-10. The assessee had opted for the Vivad se Vishwas Scheme, but initially, interest under Section 234B was not waived as expected.

What were the issues?

The primary issue was the waiver of interest under Section 234B of the Income Tax Act, 1961, in the context of the Vivad se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 234B,Section 154

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH KOLKATA

Before: SHRI SONJOY SARMA & SHRI GIRISH AGRAWAL

For Appellant: Shri Soohan Sen, AR
For Respondent: Shri D. K. Sonawal, CIT
Hearing: 29.09.2022Pronounced: 29.09.2022

O R D E R PER Bench: Both these appeals by the assessee are directed against the separate orders of Ld. CIT(A)-23, Kolkata vide No.23/10384/2017-18 dated 05.04.2019 for A.Ys. 2007-08 and 2009-10 arising out of order passed u/s.254/251/143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) by ACIT, circle-8(2), Kolkata dated 15.12.2016.

2.

Shri Soohan Sen, AR appeared on behalf of the assessee. Shri D. K. Sonawal, CIT appeared on behalf of the revenue.

3.

At the outset, Ld. Counsel for the assessee has applied for withdrawing the aforesaid two appeals. It was submitted by the Ld. Counsel that assessee had filed a declaration in Form 1 and 2 under the Vivad se Vishwas Scheme, 2020 (hereinafter referred to as the “Scheme”) for both the years. Form 3 was issued in relation to both the years. However, interest in relation to the disputed tax was not waived. After making representation before the departmental authorities

1.

2 M/s. Oberoi Hotels Pvt. Ltd., A.Ys: 2007-08 & 2009-10 assessee was asked to file revised Form 1 and 2 and to determine the refund only to the extent of amount of interest u/s. 234B of the Act which was sought to be paid. Assessee filed a revised Form 1 and 2 on 23.02.2021 for both the years and revised Form 3 was issued on 27.04.2021 in which again the waiver of interest u/s. 234B of the Act was not given. However, subsequently, a rectification order u/s. 154/254/251/143(3) of the Act dated 27.06.2022 has been passed by the Ld. AO (DCIT, Circle-7(1), Kolkata) wherein the interest charged u/s. 234B has been waived as claimed by the assessee. Copy of the said orders for both the years is placed on record. In view of this rectification orders waiving the interest u/s. 234B of the Act, assessee has submitted the application for withdrawing the captioned pending appeals. Ld. Sr. DR had no objection on the submission made by the assessee. Considering the application made by the assessee, we dispose of both the appeals as dismissed as withdrawn by the assessee.

4.

In the result, both the appeals of the assessee are dismissed as withdrawn.

Order is pronounced in the open court at the time of hearing. Sd/- Sd/- (SONJOY SARMA) (GIRISH AGRAWAL) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 29.09.2022 JD, Sr. P.S. Copy to:

1. 1. The Appellant: 2. The Respondent:. 3. The CIT(A)-23, Kolkata. 4. The CIT , Kolkata.

5. The DR, ITAT, Kolkata Bench, Kolkata //True Copy// [ By Order Assistant Registrar ITAT, Kolkata Benches, Kolkata

1.

Date of dictation- 29/09/2022 2. Date on which the typed draft order is placed before the Dictating Member and Other member 29/09/2022 3. Date on which the approved order comes to the Sr. P.S./P.S. - /09/2022 4. Date on which the file goes to the Bench Clerk /09/2022 5. Date on which the file goes to the O.S. ……………………………. 6. Date of Dispatch of the Order……………….…

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