INCOME TAX OFFICER - 3(1), KANPUR vs. SHRI AKSHAY KUMAR AGARWAL, KANPUR

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ITA 65/LKW/2019Status: DisposedITAT Lucknow29 August 2022AY 2014-152 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee had opted for the Vivad Se Vishwas Scheme, and a final settlement order was passed. The Revenue had no objection to the appeal being dismissed.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2014-15. During the hearing, it was noted that the assessee had opted for the Vivad Se Vishwas Scheme.

What were the issues?

Whether the appeal filed by the Revenue should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme and a settlement order being passed.

Which sections of the Income-tax Act were involved?

Section 5(2),Section 6

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, LUCKNOW BENCH “A”, LUCKNOW

Before: SHRI A.D JAIN & SHRI T.S. KAPOOR

For Respondent: Smt. Jyotsana Jauhari, CIT (DR)
Hearing: 29/08/2022Pronounced: 29/08/2022

O R D E R PER A.D. JAIN, V.P.:

This appeal has been filed by the Revenue against the order of the ld. CIT(A)-I, Kanpur dated 28.11.2018 pertaining to A.Y. 2014-15.

2.

During the course of hearing, it was noted that in this case Income Tax Department has passed Order in Form No.5 on 13.06.2022 for AY 2014-15 under Vivad Se Vishwas Scheme. The Revenue has filed the copy of Form No.5, i.e., the order of the PCIT-1, Kanpur for full and final settlement of tax arrears under section 5(2) read with section 6 of the DTVSVA, 2020. The assessee has also filed the copy of Form No.3, i.e., Form for certificate under sub section (1) of Section 5 of the DTVSA, 2020. It was contended that 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tax arrears has been passed by the designated authority, therefore, the appeal filed by the Revenue may be dismissed as withdrawn. The ld. D.R. has no objection. Accordingly, since the order has been passed by the PCIT-1, Kanpur for full and final settlement of tax arrears under section 5(2) read with section 6 of the DTVSVA, 2020, for A.Y. 2014-15, the appeal of the Revenue is ordered to be dismissed as withdrawn.

3.

In the result, the appeal of the Revenue is dismissed.

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