INCOME TAX OFFICER-1(3), KANPUR vs. SMT. RAJ RANI GUPTA, KANPUR

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ITA 207/LKW/2020Status: DisposedITAT Lucknow28 March 2022AY 2014-152 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee had opted for the Vivad Se Vishwas Scheme and a settlement order had been passed. The Revenue's appeal was therefore dismissed as withdrawn.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2014-15. The assessee subsequently opted for the Vivad Se Vishwas Scheme, leading to a settlement order by the PCIT.

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Whether the Revenue's appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme and obtaining a settlement order.

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 SMC BENCH, LUCKNOW

Before: SHRI. A. D. JAIN

For Appellant: Shri Harish Giudwani, D.R

O R D E R This is Revenue’s appeal against the order of the ld. CIT(A)-I, Kanpur, dated 15.11.2018 for Assessment Year 2014- 15.

2.

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 13.5.2021 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 2014-15. 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arrears has been passed by the designated authority, therefore, the appeal filed by the Department may be dismissed as withdrawn.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section 6 of the DTVSVA, 2020, for Assessment Year 2014-15, the appeal of the Department is ordered to be dismissed as withdrawn. 3.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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