SURYA KIRAN TRADECOM PVT. LTD.,ASSAM vs. DCIT, CIRCLE - 9(2), KOLKATA

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ITA 2216/KOL/2018Status: DisposedITAT Kolkata06 September 2022AY 2012-132 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 assessee had resolved the dispute under the Vivad Se Viswas Scheme and had been issued the final declaration form. Therefore, there was no need to keep the appeal pending.

What were the facts?

The assessee company filed an appeal against an order of the CIT(A) for AY 2012-13. The assessee later informed the tribunal that the dispute had been resolved with the Revenue under the Vivad Se Viswas Scheme.

What were the issues?

Whether an appeal should be dismissed if the underlying dispute has been settled under a tax dispute resolution scheme.

Which sections of the Income-tax Act were involved?

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 Rajpal Yadav, Vice-President (KZ):- The present appeal is directed at the instance of assessee against the order of ld. Commissioner of Income Tax (Appeals)-18, Kolkata dated 05.04.2018 passed for the assessment year 2012-13.

2.

In this case, the Director of the assessee-company has moved an application dated 30th 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, the assessee 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

1.

Assessment Year : 2012-2013 Surya Kiran Tradecom Pvt. Ltd. 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.

3.

In the result, the appeal filed by the assessee is dismissed. Order pronounced in the open Court on September 06, 2022.

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