A.C.I.T.,CIRCLE-11(1), KOLKATA vs. SHRI KULDEEP JAISWAL, KOLKATA

This appeal by the revenue is directed against the order of ld. CIT(A)-1, Kolkata vide Appeal No. 10960/CIT(A)-1/Kol/Circle- 1(1)/2016-17 dated 09.04.2019 for A.Y. 2014-15 passed against the assessment order u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) by DCIT, Circle-1(1),Kolkata dated 27.12.2016.

Shri Biswanath Das, Sr. DR appeared on behalf of the revenue and Shri Vinay Kumar Gupta, FCA appeared for the assessee.

At the outset, we note from the documents available in the file 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 Shri Kuldeep Jaiswal, A.Y: 2014-15 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 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-respondent has paid the due taxes, there is no point in keeping the impugned appeal pending. The present appeal is by the Revenue against which assessee has availed the option available under the Direct Tax Vivad Se Vishwas Act, 2020 and deposited the applicable taxes. The Revenue ought to have made an application for the withdrawal of its appeal fact of which has been brought before the Tribunal by the assessee. Apropos the discussion (supra), we dismiss the appeal of the revenue.