INCOME TAX OFFICER-2(3), KANPUR vs. SMT. PRIYANKA AGNIHOTRI (SHUKLA), KANPUR

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ITA 124/LKW/2020Status: DisposedITAT Lucknow28 March 2022AY 2015-162 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal acknowledged that the assessee had settled the tax arrears under the Vivad Se Vishwas Scheme. Consequently, the Revenue's appeal was dismissed as withdrawn.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order. The assessee subsequently opted for the Vivad Se Vishwas Scheme and obtained a certificate for full and final settlement of tax arrears.

What were the issues?

Whether the Revenue's appeal should be dismissed as withdrawn due to the assessee's settlement under the Vivad Se Vishwas Scheme.

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 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)-I, Kanpur, dated 15.11.2018 for Assessment Year 2015- 16. 2. The assessee has submitted an application dated 7.2.2022, received in the Registry of this Office on 14.2.2022, vide which it has been submitted that the Income Tax Department has passed Order in Form No.5 on 30.9.2021 under the Vivad Se Vishwas Scheme. The assessee 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, for Assessment Year 2015-16. The assessee has also filed the copies of Form No.3, i.e., Form for certificate under sub- section (1) of section 5 of the DTVSA, 2020 and Form No.4, i.e., intimation of payment under sub-section (2) of Section 50F of DTVSA, 2020. It was contended that since the assessee has opted for Vivad Se Viswas Scheme and tax payable on the Departmental appeals 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arrears has been passed by the designated authority, therefore, the appeal filed by the Department may be dismissed as withdrawn.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-1, Kanpur for full and final settlement of tax arrears under section 5(2) read with section 6 of the DTVSVA, 2020, for Assessment Year 2015- 16, 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 28/03/2022.

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