I.T.O.,WARD-3(1), GANGTOK vs. KANEYALAL MALOO, EAST SIKKIM

At the outset, Ld. AR of the assessee Shri Gopal Choudhury submitted that the assessee had filed Form 1 and 2 under the Direct Tax Vivad Se Vishwas Act in respect of this appeal and the tax demanded as per Form 3 issued has been duly paid and a copy of the Taxpayer’s counterfoil is available in file, which is before us. Therefore, taking into consideration the fact that since the assessee has opted for the Scheme for the AY 2011-12, there is no point in keeping the impugned appeal pending. In the light of the aforesaid discussion and the fact that assessee has opted for the said scheme and Form 3 has been issued by the Department and tax has been paid, therefore, we dismiss the impugned appeal of the revenue.

In the result, the appeal of revenue is dismissed. Order is pronounced in the open court.