INCOME TAX OFFICER-3(1), KANPUR vs. SHRI BHARAT GUPTA, HUF, KANPUR

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ITA 175/LKW/2020Status: DisposedITAT Lucknow28 March 2022AY 2015-162 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal. Since the assessee settled the tax arrears under the Vivad Se Vishwas Scheme, the Revenue's appeal was dismissed as withdrawn.

What were the facts?

The Revenue filed an appeal against an order of the CIT(A) with a significant delay. The assessee had opted for the Vivad Se Vishwas Scheme for settlement of tax arrears.

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Whether the Revenue's appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme for settlement of tax arrears.

Which sections of the Income-tax Act were involved?

Section 5(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, LUCKNOW SMC BENCH, LUCKNOW

Before: SHRI. A. D. JAIN

For Appellant: Shri Harish Gidwani, D.R

O R D E R This is Revenue’s appeal against the order of the ld. CIT(A)-I, Kanpur, dated 26.11.2018 for Assessment Year 2015- 16.

2.

There is a delay of 382 days in filing of the appeal. The Revenue has filed an application dated 24.2.2020 for condonation of delay. Having carefully perused the application for condonation of delay, I find that there was sufficient cause for the delay in filing of the appeal. Accordingly, I condone the delay and admit this appeal for hearing.

3.

The assessee has submitted an application dated Nil, received in the Registry of this Office on 2.2.2022, vide which it has been submitted that the Income Tax Department has passed Order in Form No.5 on 24.11.2021 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. 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arrears has been passed by the designated authority, therefore, the appeal filed by the Department may be dismissed as withdrawn.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.

4.

In the result, the appeal of the Revenue is dismissed. Order pronounced in the open Court on 28/03/2022.

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