M/S. SRI PANCHMUKHI MINERALS CO.,KOLKATA vs. DCIT, CIRCLE - 9(2), KOLKATA

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.