ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-BONGAIGAON, BONGAIGAON vs. BCMS TRADERS PRIVATE LIMITED, BONGAIGAON

PDF · subscribers
ITA 330/GTY/2019Status: DisposedITAT Guwahati28 September 2022AY 2017-183 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee had availed the 'Vivad Se Vishwas Scheme' and paid the taxes. The Revenue had no objection to the appeal being dismissed on this ground.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for AY 2017-18. The assessee had opted for the 'Vivad Se Vishwas Scheme' and paid the taxes due under it.

What were the issues?

Whether the appeal should be dismissed as the assessee has settled the tax dues under the 'Vivad Se Vishwas Scheme'.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, GUWAHATI ‘DB’ BENCH AT KOLKATA

Before: SRI RAJPAL YADAV(KZ) & DR. MANISH BORAD

order

: September 28th, 2022 आदेश ORDER

Per Manish Borad, Accountant Member:

1.

This appeal filed by the Revenue pertaining to the Assessment Year (in short “AY”) 2017-18 is directed against the I.T.A. No.: 330/Gau/2019 Assessment Year: 2017-18 BCMS Traders Pvt. Ltd. order passed u/s 250 of the Income Tax Act, 1961 (in short the “Act”) by ld. Commissioner of Income-tax(Appeals), Guwahati-2, Guwahati [in short ld. “CIT(A)”] dated 09.04.2019.

2.

The ld. Counsel for the assessee has submitted that the assessee has availed the “Vivad Se Vishwas Scheme” and has filed application in this regard on 16.09.2022. Tax payable as per this scheme in the case of the assessee stood paid and Form No.-5 has been issued for the full and final settlement of tax arrears on 30.04.2021. 3. Per contra, ld. D/R did not have any objection to this request of the assessee. 4. We have heard rival contentions and perused the records placed before us. We have gone through the facts narrated by the ld. Counsel for the assessee stated herein above and find that the assessee has opted under the Vivad Se Vishwas Scheme, 2020 and paid taxes thereon and the Revenue has no objection if the instant appeal is dismissed. We, therefore, dismiss this appeal. 5. In the result, the appeal of the Revenue is dismissed. Kolkata, the 28th September, 2022. Sd/- Sd/- [Rajpal Yadav] [Manish Borad] Vice President Accountant Member Dated: 28.09.2022 Bidhan (P.S.)

I.T.A. No.: 330/Gau/2019 Assessment Year: 2017-18 BCMS Traders Pvt. Ltd. Copy of the order forwarded to:

1. 1. ACIT, Circle-Bongaigaon, Bongaigaon.

2. BCMS Traders Pvt. Ltd., C/o. Sri Mahesh Kumar Agarwala, Kabaitary, P.O. Jogighopa, Dist. Bongaigaon, Assam-783 382.

3. CIT(A)- Guwahati-2, Guwahati.

4. CIT- 5. CIT(DR), Guwahati Bench, Guwahati.

Recent GST High Court judgments

Search GST case law →