M/S. U.P. BANK EMPLOYEES CO-OPERATIVE SOCIETY LIMITED,KANPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, RANGE-1, KANPUR

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ITA 204/LKW/2018Status: DisposedITAT Lucknow30 January 2025AY 2009-10Bench: SHRI. SUDHANSHU SRIVASTAVA (Judicial Member)2 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal granted permission for the assessee to withdraw the appeal, consigning it to the records. The appeal was dismissed for statistical purposes. The assessee was given the liberty to approach the Tribunal again if their application under the Direct Tax Vivad Se Vishwas Scheme, 2024, is not finally accepted by the Department.

What were the facts?

The assessee filed an appeal against the order of the CIT(A) for Assessment Year 2009-10. During the hearing, the assessee's representative submitted that the assessee had opted for the Direct Tax Vivad Se Vishwas Scheme, 2024, and had submitted the necessary forms (Form No.1 and Form No.4) for the settlement of tax arrears. Consequently, the assessee requested permission to withdraw the appeal.

What were the issues?

Whether the assessee should be permitted to withdraw its appeal after opting for the Direct Tax Vivad Se Vishwas Scheme, 2024.

Which sections of the Income-tax Act were involved?

Section 92,Section 93

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SMC BENCH, LUCKNOW

Before: SHRI. SUDHANSHU SRIVASTAVA

For Appellant: Shri Jitendra Kumar Yadav, Advocate
For Respondent: Shri Sunil Kumar Rajwanshi, D.R

Assessment Year: 2009-10 M/s U.P. Bank Employees Co- v. The ACIT operative Society Ltd. Range 1 36/8-A, Ram Mohan Ka Hata Kanpur Kanpur TAN/PAN: (Appellant) (Respondent) Appellant by: Shri Jitendra Kumar Yadav, Advocate Respondent by: Shri Sunil Kumar Rajwanshi, D.R. Date of hearing: 30 01 2025 Date of pronouncement: 30. 01 2025 O R D E R

This appeal has been preferred by the assessee against the order dated 28.02.2024, passed by the ld. Commissioner of Income Tax (Appeals), Kanpur for Assessment Year 2009-10.

2.

At the outset, the Ld. Authorized Representative for the assessee (Ld. A.R.) submitted that the assessee has opted for Direct Tax Vivad Se Vishwas Scheme, 2024 (DTVSV, 2024) and copy of Form No.1 filed before the Income Tax Department, vide acknowledgement No.765851210221224 dated 22.12.2024 and copy of Form No.4 i.e. order for full and final settlement of tax arrear under sub-section (2) of section 92 read with section 93 of Finance (No.2) Act, 2024 issued by the Principal CIT, Kanpur (designated Authority) have also been enclosed. The prayer of the Ld. A.R. was that in view of the above, the assessee may be permitted to withdraw the appeal.

3.

In view of the prayer made by the Ld. A.R., I permit the assessee to withdraw the appeal and the same is consigned to the records with the liberty to the assessee to approach the Tribunal again in case the assessee’s application under Direct Tax Vivad Se Vishwas Scheme, 2024 is not finally accepted by the Department.

4.

In the result, the appeal of the assessee is dismissed for statistical purposes.

Order pronounced in the open Court on 30/01/2025.

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