SHRI NEERAJ MISHRA,BAREILLY vs. INCOME TAX OFFICER, BAREILLY

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ITA 394/LKW/2017Status: DisposedITAT Lucknow15 September 2022AY 2010-112 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee had opted for the Vivad Se Viswas Scheme and made the necessary tax deposits, leading to a full and final settlement. Consequently, the appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against an order of the CIT(A) for AY 2010-11. The assessee opted for the Vivad Se Viswas Scheme and made full and final payment of taxes.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for and settling dues under the Vivad Se Viswas Scheme.

Which sections of the Income-tax Act were involved?

DTVSVA, 2020 Section 5(2), DTVSVA, 2020 Section 6

AI-generated summary — verify with the full judgment below

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

Before: SHRI T. S. KAPOOR

For Respondent: Shri Harish Gidwani, D.R
Hearing: 15/09/2022Pronounced: 15/09/2022

This appeal has been filed by the assessee against the order of the Ld. CIT(A), dated 01/10/2015 pertaining to assessment year 2010-11.

2.

None was present on behalf of the assessee. However, Learned counsel for the assessee had filed an application for adjournment. Learned D. R. invited my attention to the fact that assessee has opted for Vivad Se Viswas Scheme and has deposited necessary taxes and the Department has also issued Form No. 5 evidencing full and final payment of taxes and also filed a copy of Form No. 5. In view of these facts and circumstances, the adjournment application was rejected as nothing was required to be argued by learned A.R. Form No. 5 shows that assessee has paid the necessary taxes and has made full and final settlement of the tax arrears under section 5(2) read with section 6 of the DTVSVA, 2020, for Assessment Year 2010-11. Since the assessee has opted for Vivad Se Viswas Scheme and tax payable by the assessee has been deposited and order for final settlement of tax arrears has been passed by the designated authority, therefore, the appeal filed by the assessee is liable to be dismissed as withdrawn. Accordingly, since order has been passed by the PCIT, for full and final settlement of tax arrears under section 5(2) read with section 6 of the DTVSVA, 2020, for Assessment Year 2010-11, the appeal of the assessee is ordered to be dismissed as withdrawn.

5.

In the result, the appeal of the assessee stands dismissed.

(Order pronounced in the open court on 15/09/2022)

Sd/. ( T. S. KAPOOR ) Accountant Member Dated:15/09/2022 *Singh Copy of the order forwarded to : 1. The Appellant 2. The Respondent. 3. Concerned CIT 4. The CIT(A) 5. D.R., I.T.A.T., Lucknow

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