M/S. SRI PANCHMUKHI MINERALS CO.,KOLKATA vs. DCIT, CIRCLE - 9(2), KOLKATA
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted that the assessee had opted for the 'Vivad Se Vishwas Scheme' and paid taxes, requesting withdrawal of the appeal. The Tribunal dismissed the appeal as withdrawn, granting liberty to file a miscellaneous application if the scheme application is rejected.
What were the facts?
The assessee opted for the 'Vivad Se Vishwas Scheme-2020' and paid taxes but inadvertently quoted the wrong assessment year in the challans for AY 2010-11 and AY 2012-13. The assessee requested to withdraw the appeal, stating that rectification applications have been filed.
What were the issues?
Whether the appeal should be withdrawn as withdrawn due to opting for the Vivad Se Vishwas Scheme despite a clerical error in challan assessment years.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA ‘B’ BENCH, KOLKATA
Before: SRI MANISH BORAD & SRI SONJOY SARMA
order
: August 10th, 2022 ORDER
Per Manish Borad, Accountant Member:
This appeal filed by the assessee pertaining to the Assessment Year (in short “AY”) 2012-13 is directed against the order passed u/s 250 of the Income Tax Act, 1961 (in short the “Act”) by ld. Commissioner of Income-tax (Appeals)-3, Kolkata [in short ld. “CIT(A)”] dated 14.09.2018.
The ld. Counsel for the assessee has submitted that the assessee is availing the “Vivad Se Vishwas Scheme-2020” and has filed application in this regard. Tax payable as per this scheme in the case of the assessee stood paid. However, inadvertently while I.T.A. No.: 2185/Kol/2018 Assessment Year: 2012-13 M/s. Sri Panchmukhi Minerals Co. making payments for tax due under the “Vivad Se Vishwas Scheme-2020”, the tax paid in the challan for AY 2010-11, the amount due for AY 2012-13 was mentioned and similarly, the amount payable for AY 2010-11 was paid under the challan quoting AY 2010-11. It is also submitted that necessary application has been moved for rectification of the said mistake since the assessee has opted for “Vivad Se Vishwas Scheme-2020” for pending litigation for AY 2010-11 and AY 2012-13 and due taxes under the “Vivad Se Vishwas Scheme-2020” has been paid except quoting the wrong assessment year in the tax challan. It is also submitted that Form No. 5 for the full and final settlement of tax arrears will be issued soon. Thus, the ld. Counsel for the assessee requested for withdrawing the instant appeal. 3. Per contra, ld. D/R did not have any objection to this request of the assessee. 4. We have heard rival contentions and perused the records placed before us. We have gone through the facts available on records and find that the assessee has opted under the “Vivad Se Vishwas Scheme, 2020” and paid taxes thereon and has, thus, requested to withdraw the instant appeal. Certain reconciliation of tax paid for “Vivad Se Vishwas Scheme, 2020” for AY 2010-11 and AY 2012-13 is pending for disposal at the end of the Department. The assessee has said to have quoted wrong assessment year and the tax arrears under “Vivad Se Vishwas Scheme-2020” for AY 2010-11 has been deposited under the challan mentioning AY 2012-13 and vice-versa. It is also claimed by the assessee that the rectification application has been moved and the issue will be sort I.T.A. No.: 2185/Kol/2018 Assessment Year: 2012-13 M/s. Sri Panchmukhi Minerals Co. out in due course. Under these given facts and circumstances, dismiss the instant appeal as withdrawn as the assessee has opted for “Vivad Se Vishwas Scheme-2020” and paid taxes and all formalities except issue Form No. 5, is completed. However, liberty is granted to the assessee to file Miscellaneous Application within the prescribed time limit if the assessee intends to get the appeal restored in case the assessee’s application under “Vivad Se Vishwas Scheme-2020” is rejected. 5. In the result, the appeal of the assessee is dismissed as withdrawn.
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