M/S YASHODA DEALERS PVT LTD,HOWRAH vs. D.C.I.T.,CC-2(1), KOLKATA

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ITA 1876/KOL/2019Status: DisposedITAT Kolkata24 August 2022AY 2009-102 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 allowed the assessee to withdraw the appeal as the tax dues were settled under the Vivad Se Vishwas Scheme. The Senior DR had no objection to the withdrawal.

What were the facts?

The assessee opted for the Direct Tax Vivad Se Vishwas Scheme, 2020, and completed all required forms and tax payments. The Competent Authority issued Form-5, indicating full and final settlement of tax arrears.

What were the issues?

Whether the appeal should continue when the tax dispute has been settled under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 263,Section 144,Section 5(2),Section 6

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH KOLKATA

Before: SHRI RAJPL YADAV & SHRI GIRISH AGRAWAL

For Appellant: Shri Amit Agarwal, Advocate
For Respondent: Shri Sudipta Guha, CIT, DR
Hearing: 24.08.2022Pronounced: 24.08.2022

O R D E R

PER GIRISH AGRAWAL, ACCOUNTANT MEMBER:

1.

This appeal by the assessee is directed against the order of Ld. CIT-5, Kolkata vide Appeal No. 14/CIT(A)-5/CC-2(1)/16-17/Kol dated 26.07.2019 for A.Y. 2009-10 passed against the assessment order u/s 143(3)/147/263/144 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) by ITO, Ward-9(2), Kolkata dated 31.03.2014.

2.

Shri Amit Agarwal, Advocate appeared for the assessee and Shri Sudipta Guha, CIT, DR appeared on behalf of the revenue.

3.

At the time of hearing Ld. AR of the assessee submitted that the assessee has opted for Direct Tax Vivad Se Vishwas Scheme, 2020 (hereinafter, the ‘scheme’) and had filed Form no. 1 and Form no. 2 before the Competent Authority and the Competent Authority had accepted it and had issued Form-3. Thereafter the assessee has remitted the tax as per Form 3 and filed form no. 4 and the department has also issued Form-5 in respect of order for full and final settlement

Yashoda Dealers Pvt. Ltd., A.Y: 2009-10 of tax arrears u/s. 5(2) read with section 6 of the Direct Tax Vivad Se Vishwas Act, 2020 (3 of 2020). Since the assessee has paid the due taxes, there is no point in keeping the impugned appeal pending. Apropos the discussion (supra) and since Shri Sudipta Guha, Sr. DR does not have any objection in withdrawing the same, we allow the assessee to withdraw the impugned appeal.

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