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Income Tax Appellate Tribunal, ‘C’ BENCH, KOLKATA
Before: Shri Rajpal Yadav, Vice-(KZ) & Shri Rajesh Kumar
Per Bench:- The present two appeals are directed at the instance of Revenue against the separate orders of ld. Commissioner of Income Tax (Appeals)- 22, Kolkata dated 24.10.2019 passed for the assessment years 2014-15 and 2015-16 respectively.
The assessee has filed an application pleading therein that it has resolved the dispute with the Revenue under Vivad Se Viswas Scheme and a Certificate in Form No. 5 has been issued to it. According to this Certificate, the assessee has paid the taxes. The ld. CIT(DR) did not dispute this fact. Copy of Form No. 5 has been placed on record in both & 21/KOL/2020 Assessment Years : 2014-2015 & 2015-2016 Outotec Gmbh & Co. KG the assessment years. Since the assessee has already resolved the dispute with the Revenue under Vivad Se Viswas Scheme and, therefore, it was for the Revenue to withdraw its appeals, but Revenue failed to file the application. However, considering the above facts and circumstances, we dismiss both the appeals.
In the result, both the appeals of the Revenue are dismissed. Order pronounced in the open Court on July 14, 2022.