INCOME TAX OFFICER-5(3), LUCKNOW vs. M/S RAJARYA HOUSING DEVELOPERS (PVT.) LTD., LUCKNOW

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ITA 435/LKW/2016Status: DisposedITAT Lucknow19 May 2022AY 2013-142 pages
AI SummaryWithdrawn

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 Therefore, the Revenue's appeal was dismissed as withdrawn.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Whether the Revenue's appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme and settlement of tax arrears.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?

Section 5(2),Section 6

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

For Appellant: Shri Harish Gidwani, D.R

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arrears has been passed by the designated authority, therefore, the appeal filed by the Department may be dismissed as withdrawn.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section 6 of the DTVSVA, 2020, for Assessment Year 2013-14, the appeal of the Department is ordered to be dismissed as withdrawn.

3.

In the result, the appeal of the Revenue is dismissed. Order pronounced in the open Court on 19/05/2022.

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