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

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has been passed by the designated authority, therefore, the appeal filed by the assessee is liable to be dismissed as withdrawn.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section 6 of the DTVSVA, 2020, for Assessment Year 2010-11, the appeal of the assessee is ordered to be dismissed as withdrawn.

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