INCOME TAX OFFICER- 3(2), KANPUR vs. SHRI MAYUR GUPTA, KANPUR
No AI summary yet for this case.
Income Tax Appellate Tribunal, LUCKNOW BENCH ‘A’, LUCKNOW
Before: SHRI SUDHANSHU SRIVASTAVA & SHRI ANADEE NATH MISSHRA
IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH ‘A’, LUCKNOW BEFORE SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA Nos.187 & 188/Lkw/2020 Assessment Years: 2014-15 & 2015-16 Income Tax Officer-3(2), Vs. Shri Mayur Gupta, Kanpur 7/117D, Swaroop Nagar, Kanpur PAN: AJKPG 9955D (Appellant) (Respondent)
Appellant by Shri Sanjeev Krishna Sharma, Addl. CIT(DR) Respondent by None present for the assessee Date of hearing 06/03/2024 Date of pronouncement 19/03/2024
O R D E R PER BENCH: These appeals are preferred by the Revenue against separate orders dated 27.11.2018 passed by the Ld. Commissioner of Income Tax (Appeals)-1, Kanpur for Assessment Years 2014-15 & 2015-16.
At the outset, it was noticed that the I.T.O.(T&J) on behalf of the Revenue has submitted an application dated 13.02.2024, received by the Registry of this Office on 23.02.2024, vide which it has been stated that Income Tax Department has passed Order in Form No.5 on 15.11.2021 for Assessment Years 2014-15 & 2015-16 under Vivad Se Vishwas Scheme. The Revenue has filed the copies of Form No.5, i.e., the order of the Principal Commissioner of Income Tax-1, Kanpur for full and final settlement of tax arrears under section 5(2) read with section 6 of the Direct Tax Vivad Se Vishwas Act, 2020.
I.T.A. No.187 & 188/Lkw/2020 2
It was contended on behalf of the Revenue that since the assessee has opted for Vivad Se Viswas Scheme and tax payable by the assessee has been deposited and order for final settlement of tax arrears has been passed by the designated authority, therefore, the appeals filed by the Revenue may be dismissed as withdrawn. 4. The assessee has also filed an application dated 20.01.2024 enclosing therewith the copies of Form No.5, i.e., the order of the Principal Commissioner of Income Tax-1, Kanpur for full and final settlement of tax arrears under section 5(2) read with section 6 of the Direct Tax Vivad Se Vishwas Act, 2020 and stated that the appeals filed by the Department are liable to be withdrawn. 5. Accordingly, since the order has been passed by the Principal Commissioner of Income Tax-1, Kanpur for full and final settlement of tax arrears under section 5(2) read with section 6 of the Direct Tax Vivad Se Vishwas Act, 2020, for A.Y. 2014-15, the appeals of the Revenue are dismissed. 6. In the final result, both the appeals of the Revenue stand dismissed.
(Order pronounced in the open court on 19/03/2024)
Sd/- Sd/- ( ANADEE NATH MISSHRA ) (SUDHANSHU SRIVASTAVA) Accountant Member Judicial Member Dated: 19/03/2024 Aks Copy of the order forwarded to : 1. The Appellant 2. The Respondent. 3. Concerned CIT 4. The CIT(A) 5. D.R., I.T.A.T., Lucknow Asstt. Registrar
