M/S. NORTH EASTERN ELECTRIC POWER CORPORATION LTD.,SHILLONG vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - SHILLONG, SHILLONG

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ITA 197/GTY/2018Status: DisposedITAT Guwahati04 May 2022AY 2013-142 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee had opted for the Vivad Se Vishwas Scheme, paid the due taxes, and received a settlement order. Therefore, the appeal was allowed to be withdrawn.

What were the facts?

The assessee filed an appeal before the ITAT. During the hearing, no one appeared for the assessee, but a submission was made that the matter was settled under the Vivad Se Vishwas Scheme.

What were the issues?

Whether an appeal pending before the ITAT can be withdrawn if the dispute has been settled under the Vivad Se Vishwas Scheme.

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, GAUHATI BENCH,

Before: SHRI SANJAY SARMA & SHRI GIRISH AGRAWAL]

Hearing: 04.05.2022Pronounced: 04.05.2022

ORDER

Per Sonjoy Sarma, JM:

1.

The appeal preferred by the assessee against the order of Ld. CIT(A), Shillong dated 25.04.2018 for AY 2013-14.

2.

At the outset, we note that none appeared on behalf of the assessee at the time of hearing before us. From the documents available in the record as well as going through the application dated 30.03.2022 filed by the appellant through Sr. Manager (Finance) Taxation stating that the matter has been settled under Vivad Se Vishwas Scheme (VSVS) and need to be withdrawn and considering the same we note that since the assessee has opted for Direct Tax Vivad Se Vishwas Scheme, 2020 (hereinafter, the ‘scheme’) and had filed Form no. 1 and Form no. 2 before the Competent Authority and the Competent Authority had accepted it and had issued Form-3. Thereafter the assessee has remitted the tax as per Form 3 and filed form no. 4 and the department has also issued Form-5 in respect of order for full and final settlement of tax arrears u/s. 5(2) read with section 6 of the Direct Tax Vivad Se

M/s. North Eastern Electric Power Corporation Ltd. AY 2013-14

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