ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -2, DIBRUGARH vs. OIL INDIA LTD., DIBRUGARH

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ITA 356/GTY/2019Status: HeardITAT Guwahati08 September 2022AY 2015-162 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee had resolved the dispute with the Revenue under the Vivad Se Viswas Scheme and the Department had issued the ultimate declaration form. Therefore, there was no purpose in keeping the appeal pending.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for AY 2015-16. The assessee company, M/s. Oil India Limited, submitted an application stating that the dispute has been resolved under the Vivad Se Viswas Scheme.

What were the issues?

Whether the appeal filed by the Revenue is maintainable when the dispute has been resolved under the Vivad Se Viswas Scheme.

Which sections of the Income-tax Act were involved?

Vivad Se Viswas Scheme

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘GUWAHATI’ BENCH, KOLKATA

Before: Shri Rajpal Yadav, Vice-(KZ) & Dr. Manish Borad

Per Dr. Manish Borad, Accountant Member- The present appeal is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals), Dibrugarh dated 25.03.2019 passed for the assessment year 2015-16.

2.

In this case, Shri Rupam Barua, Chief General Manager (F&A) of the assessee-company has moved an application dated 5th September, 2022 stating therein that they have resolved the issue in dispute with the Revenue under Vivad Se Viswas Scheme. For buttressing this plea, the Chief General Manager (F&A) of the assessee-company has filed copy of Declaration in Form No. 1 & 2 as well as Form No. 5, which are being Assessment Year : 2015-2016 M/s. Oil India Limited placed on record. Since the Department has issued Form No. 5, which is the ultimate declaration for the resolution of the dispute with the assessee, therefore, there is no ideal to keep this appeal pending. Accordingly, we dismiss this appeal of the Revenue on the ground that dispute has been resolved under Vivad Se Viswas Scheme.

3.

In the result, the appeal filed by the Revenue is dismissed. Order pronounced in the open Court on September 08, 2022.

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