RAJESH GARG,KOLKATA vs. A.C.I.T., CENTRAL CIRCLE-2(4), KOLKATA
What did the Tribunal hold?
The Tribunal noted that the assessee had resolved the dispute with the Revenue under the Vivad Se Viswas Scheme and had filed a declaration in Form No. 5. Therefore, there was no need to keep the appeal pending.
What were the facts?
The assessee filed an appeal before the ITAT against an order for AY 2015-16. The assessee later filed an application stating that the dispute had been resolved with the Revenue under the Vivad Se Viswas Scheme.
What were the issues?
Whether the appeal should be dismissed as the dispute has been settled under the Vivad Se Viswas Scheme.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C’ BENCH, KOLKATA
Before: Shri Rajpal Yadav, Vice-(KZ) & Shri Rajesh Kumar
Per Rajesh Kumar, Accountant Member:- The present appeal is directed at the instance of assessee against the order of ld. Commissioner of Income Tax (Appeals)-20, Kolkata dated 08.04.2019 passed for the assessment year 2015-16.
In this case, Shri S.D. Verma, ld. Authorized Representative of the assessee has moved an application dated 4th August, 2022 stating therein that the assessee has resolved the issue in dispute with the Revenue under Vivad Se Viswas Scheme. For buttressing this plea, ld. A.R. has filed a copy of Declaration in Form No. 5 which is being placed on record. Since the Department has issued Form No. 5, which is the ultimate declaration for the resolution of the dispute with the assessee, therefore, there is no 1
Assessment Year : 2015-2016 Rajesh Garg ideal to keep this appeal pending. Accordingly, we dismiss this appeal of the assessee on the ground that dispute has been resolved under Vivad Se Viswas Scheme.
In the result, the appeal filed by the assessee is dismissed. Order pronounced in the open Court on September 08, 2022.
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