NORTH EASTERN ELECTRIC POWER CORPORATION LIMITED,SHILLONG vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-SHILLONG, SHILLONG

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ITA 161/GTY/2016Status: DisposedITAT Guwahati25 May 2022AY 2010-112 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee to withdraw the appeal as the tax dues were settled under the Vivad Se Vishwas Scheme. The Learned DR had no objection to this course of action.

What were the facts?

The assessee availed the 'Vivad Se Vishwas Scheme 2020' and completed the necessary forms and tax payments. The Competent Authority issued Form No. 5, indicating the scheme's completion.

What were the issues?

Whether the appeal should continue when the assessee has settled the tax dues under a specific 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 BENCH, GAUHATI

Before: Shri Sanjay Garg & Shri Manish Borad

IN THE INCOME TAX APPELLATE TRIBUNAL “GUWAHATI BENCH, GAUHATI VIRTUAL HEARING AT KOLKATA Before Shri Sanjay Garg, Judicial Member and Shri Manish Borad, Accountant Member Assessment Year: 2010-11 North Eastern Electric Power Corporation Limited, Shillong …….……Appellant Brookland Compound, Lower New Colony, Shillong-793003 [PAN: AAACN9991J] vs. ACIT, Circle- Shillong…...…….…..…...............……........……...…..…..Respondent Appearances by: Shri Bikash Mani Bharadwaj, Sr. Manager, Finance appeared on behalf of the appellant. Shree N. T Sherpa, JCIT-DR, appeared on behalf of the Respondent. Date of concluding the hearing : May 25, 2022 Date of pronouncing the order : May 25, 2022

ORDER

Per Sanjay Garg, Judicial Member:

1.

The present appeal has been preferred by the assessee against the order dated 23.09.2016 of the Commissioner of Income Tax (Appeals), Shillong [hereinafter referred to as ‘CIT(A)’] passed u/s 250 of the Income Tax Act (hereinafter referred to as the ‘Act’).

2.

The Sr. Manager of the assessee company has appeared and stated that the assessee has availed “Vivad Se Vishwas Scheme 2020” and had filed Form No. 1 and form No. 2 before the Competent Authority. Thereafter, the authority had accepted it and had issued Form No.

3.

Further the assessee has remitted the tax as per Form No. 3 and filed Form No. 4 also. The Competent Authority in response to the same had issued Form No. 5 to the assessee. Since, the assessee-appellant has paid the due taxes, there is no point in keeping the impugned appeal pending. It has, therefore, been requested that the appeal of the assessee may be dismissed as withdrawn. The Ld. DR has no objection to the same. Under the circumstances, we allow the assessee to withdraw the appeal.

Assessment Year: 2010-11 North Eastern Electric Power Corporation Limited, Shillong 3. In the result, the appeal of the assessee stands dismissed as withdrawn.

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