INCOME TAX OFFICER- 3(2), KANPUR vs. SHRI MAYUR GUPTA, KANPUR

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ITA 187/LKW/2020Status: DisposedITAT Lucknow19 March 2024AY 2014-15Bench: SHRI SUDHANSHU SRIVASTAVA (Judicial Member), SHRI ANADEE NATH MISSHRA (Accountant Member)2 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the Vivad Se Vishwas Scheme order had been passed for full and final settlement of tax arrears. Consequently, the appeals filed by the Revenue were dismissed as withdrawn.

What were the facts?

The Revenue filed appeals against orders of the CIT(A) for AY 2014-15 and 2015-16. The assessee opted for the Vivad Se Vishwas Scheme, leading to a full and final settlement of tax arrears.

What were the issues?

Whether the appeals filed by the Revenue should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme and settlement of tax arrears.

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, LUCKNOW BENCH ‘A’, LUCKNOW

Before: SHRI SUDHANSHU SRIVASTAVA & SHRI ANADEE NATH MISSHRA

For Appellant: Shri Sanjeev Krishna Sharma, Addl
Hearing: 06/03/2024Pronounced: 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.

2.

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

3.

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arrears has been passed by the designated authority, therefore, the appeals filed by the Revenue may be dismissed as withdrawn.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)

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