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Income Tax Appellate Tribunal, LUCKNOW BENCH ‘SMC’, LUCKNOW
Before: SHRI T. S. KAPOOR
This appeal has been filed by the Revenue against the order of learned Ld. CIT(A), dated 30/11/2018 pertaining to assessment year 2014- 2015.
There is a delay of 479 days in filing of this appeal. The Revenue has filed an application, dated 19/05/2020 for condonation of delay. For the sake of ready reference, the application dated 19/05/2020 is reproduced as below:
"Sub.: Request for Condonation of delay in filing of appeal in the case of Smt. Rumana Hafeez, 117-A, Noori Road, New Chungi, Jajmau, Kanpur, assessment year 2014-15- Reg.
Kindly refer to the above.
I.T.A. No.206/Lkw/2020 Assessment year:2014-15 2
In this connection, it is submitted that the order of Ld. Commissioner of Income Tax (Appeals)-1, Kanpur in the case of Smt. Rumana Hafeez for A.Y. 2014-15 has been received in the O/o the Pr. Commissioner of Income Tax-I, Kanpur on 11.12.2018 and therefore, the limitation of filing of Departmental appeal before the Hon'ble ITAT was on 09.02.2019. Proposal for filing of appeal before the Hon'ble I.T.A.T. Lucknow was sent to the Pr. CIT Kanpur. The tax effect in the case is Rs.8,99,053/- hence the second appeal before the Hon'ble I.T.A.T., Lucknow was not recommended on the ground that the tax effect involved in the case is below the monetary limit prescribed by the Hon'ble CBDT, New Delhi vide instruction no. 03/2018 dated 11.07.2018.
In this case also the sale of shares is not a natural phenomenon but an arrangement of dubious design of providing accommodation entry of Long Term Capital Gain to introduce unaccounted own money as exempt income in the form of Long Term Capital Gain on sale of shares.
Later on, the CBDT, New Delhi vide circular no. 23 of 2019 dated 06.09.2019 and O.M. dated 16.09.2019 has decided that notwithstanding anything contained in any circular issued u/s 268A specifying monetary limits for filing of departmental appeals before Income Tax Appellate Tribunal (ITAT), High Courts and SLPs/'Appeals before the Hon'ble Supreme Court, appeal may be filed on merits as an exception to said circular, where Board, by way, of special order direct filing appeal on merit in cases involved in organized tax evasion activity. In the O.M. dated 16.09.2019 the following instruction has been given:
"The undersigned is directed to refer to Circular No. 23 of 2019 dated 6th September, 2019 and to say that by virtue of powers of the Central Board of Direct Taxes u/s 268A of Income Tax Act, 1961, the monetary limits fixed for filing appeals before ITAT/ HC and SLPs/ appeals before Supreme Court shall not apply in case of assessee claiming bogus LTCG/STCL through penny stocks and appeals! SLPs in such cases shall be filed on merits."
Further the unexpected lockdown has been occurred from 24/03/2020 to 17/05/2020 due to COVID-19. Therefore, the delay caused in filing of appeal within the limitation period i.e. 09/02/2019 beyond control of the undersigned. It is therefore requested to kindly condone the delay.”
I.T.A. No.206/Lkw/2020 Assessment year:2014-15 3
In view of the above facts, I condoned the delay and admitted this appeal for hearing.
The assessee has submitted an application dated 22/08/2022 vide which it has been submitted that the Income Tax Department has passed Order in Form No.5, dated 01/07/2022 under the Vivad Se Vishwas Scheme. The assessee has filed the copy of Form No.5, i.e., the order of the Pr.CIT, Kanpur for full and final settlement of tax arrears under section 5(2) read with section 6 of the DTVSVA, 2020, for Assessment Year 2014-15. It was contended that since the assessee has opted for Vivad Se Viswas Scheme and tax payable on the Departmental appeal has been deposited and order for final settlement of tax arrears has been passed by the designated authority, therefore, the appeal filed by the Department may be dismissed as withdrawn. The Ld. D.R. has no objection. Accordingly, since order has been passed by the Pr.CIT, Kanpur for full and final settlement of tax arrears under section 5(2) read with section 6 of the DTVSVA, 2020, for Assessment Year 2014-15, the appeal of the Department is ordered to be dismissed as withdrawn. 5. In the result, the appeal of the Revenue stands dismissed.
(Order pronounced in the open court on 24/08/2022)
Sd/. ( T. S. KAPOOR ) Accountant Member Dated:24/08/2022 *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 Assistant Registrar