INCOME TAX OFFICER-5(3), LUCKNOW vs. M/S RAJARYA HOUSING DEVELOPERS (PVT.) LTD., LUCKNOW
What did the Tribunal hold?
The Tribunal noted that the assessee had opted for the Vivad Se Vishwas Scheme and tax arrears were settled. Therefore, the Revenue's appeal was dismissed as withdrawn.
What were the facts?
The Revenue filed an appeal against the CIT(A)'s order for AY 2013-14. The assessee submitted an application stating they opted for the Vivad Se Vishwas Scheme.
What were the issues?
Whether the Revenue's appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme and settlement of tax arrears.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, LUCKNOW BENCH “B”, LUCKNOW
Before: SHRI. A. D. JAIN & SHRI T. S. KAPOOR
PER A.D. JAIN, V.P.: This is Revenue’s appeal against the order of the ld. CIT(A)-II, Lucknow, dated 11.5.2016 for Assessment Year 2013- 14. 2. The ld. Counsel for the assessee has submitted an application dated 29.3.2022, received in the Registry of this Office on 29.3.2022, vide which it has been submitted that the Income Tax Department has passed Order in Form No.5 on 1.2.2022 under the Vivad Se Vishwas Scheme. The assessee has filed the copy of Form No.5, i.e., the order of the PCIT, Lucknow for full and final settlement of tax arrears under section 5(2) read with section 6 of the DTVSVA, 2020, for Assessment Year 2013- 14. 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arrears has been passed by the designated authority, therefore, the appeal filed by the Department may be dismissed as withdrawn.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 PCIT, Lucknow for full and final settlement of tax arrears under section 5(2) read with section 6 of the DTVSVA, 2020, for Assessment Year 2013-14, the appeal of the Department is ordered to be dismissed as withdrawn.
In the result, the appeal of the Revenue is dismissed. Order pronounced in the open Court on 19/05/2022.
More judgments on Section 5(2)
- Dy. Commissioner of Income-Tax, Jaipur vs Kavita Khanwani, BeawarITA 867/JPR/2025[2018-19]Status: Disposed22 Sept 2026AY 2018-19
- ACIT Circle-3(1)(1), International… vs Toyota Tsusho Corporation, GurgaonITA 1908/DEL/2020[2015-16]Status: Disposed21 Sept 2026AY 2015-16
- Toyota Tsusho Corporation, Gurgaon vs DCIT Circle-3(1)(1) International Taxation…ITA 1514/DEL/2020[2016-17]Status: Disposed21 Sept 2026AY 2016-17
- Toyota Tsusho Corporation, Gurgaon vs DCIT Circle 3(1)(1) International Taxation…ITA 1513/DEL/2020[2015-16]Status: Disposed21 Sept 2026AY 2015-16
- DCIT Circle-3(1)(1) International Taxation… vs Toyota Tsusho Corporation, GurgaonITA 1508/DEL/2020[2016-17]Status: Disposed21 Sept 2026AY 2016-17
Recent GST High Court judgments
Search GST case law →- Imtiyaz Shaikh Z Chorlekar vs. Salman ShaikhBombay · 21 Oct 2026
- S. Nithyananda vs. State Of KarnatakaKarnataka · 17 Oct 2026
- Ritik vs. State Of M.P.Madhya Pradesh · 16 Oct 2026
- Venkadeswara Grill Works vs. The Joint Commissioner (St)Madras · 16 Oct 2026
- Mufti Clothing And Co vs. The Assistant Commissioner (St)Madras · 16 Oct 2026