DY. COMMISSIONER OF INCOME TAX, FAIZABAD vs. M/S. AVADH SOLVES PVT. LTD.,, BAHRAICH

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ITA 38/LKW/2021Status: DisposedITAT Lucknow06 February 2025AY 2012-13Bench: SHRI KUL BHARAT (Vice President), SHRI ANADEE NATH MISSHRA (Accountant Member)2 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal as infructuous because the assessee had opted for the Vivad Se Viswas Scheme. It was also clarified that the Revenue could seek restoration of the appeal if the issue was not settled under the VSVS.

What were the facts?

Revenue filed an appeal for assessment year 2012-13 against an order passed by the CIT(A). During the hearing, the assessee submitted that it had opted for the Vivad Se Viswas Scheme-2024 (VSVS) and had received a Form-2 certificate.

What were the issues?

Whether the Revenue's appeal becomes infructuous and liable for dismissal when the assessee opts for the Vivad Se Viswas Scheme.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, LUCKNOW BENCH ‘B’, LUCKNOW

Before: SHRI KUL BHARAT & SHRI ANADEE NATH MISSHRA

For Appellant: Shri Sunil Kumar Rajwanshi

Revenue pertaining to assessment year 2012-13 against impugned appellate order dated 28/08/2020 passed by learned Commissioner of Income Tax (Appeals) [“CIT(A)” for short].

(B) During the course of hearing, learned Counsel for the assessee submitted that the assessee has opted for Vivad Se Viswas Scheme-2024 and requested the Bench that since the assessee has opted for Vivad Se Viswas Scheme-2024 (“VSVS” for short) and designated authority has issued certificate in Form-2 on 15th January, 2025, the appeal filed by Revenue has become infructuous and may be dismissed. Copy of Form No. 2 was also enclosed. Learned Departmental Representative for Revenue expressed no objection. In view of the foregoing, the appeal of Revenue is dismissed as infurctuous on account of assessee opting for VSVS.

(C) By way of abundant caution, we clarify that Revenue will be at liberty to approach Income Tax Appellate Tribunal for restoration of appeal if it is found that the issue in dispute in present appeal is not settled under aforesaid VSVS.

(D) In the result, the appeal of the assessee is dismissed as withdrawn.

(Order pronounced in the open court on 06/02/2025)

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