SHAILENDRA PRASAD VERMA,MOTIHARI vs. PR. CIT, MUZAFFARPUR

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ITA 81/PAT/2017Status: HeardITAT Patna06 April 2022AY 2012-133 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee had opted for the Vivad Se Vishwas Scheme and paid the taxes. Therefore, the assessee requested to withdraw the appeals.

What were the facts?

The assessee filed appeals against assessment orders passed under Section 143(3) read with Section 263 of the Income Tax Act. Subsequently, the assessee opted for the Vivad Se Vishwas Scheme and paid the taxes due.

What were the issues?

Whether the appeals should be withdrawn as the assessee has settled the tax dues under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PATNA ‘DB’ BENCH AT KOLKATA

Before: Sri Manish Borad& Sri Sonjoy Sarma

order : April 6th, 2022 ORDER Per Bench: Both these appeals filed by the assessee pertaining to the Assessment Years (in short “AY”) 2012-13 & 2013-14 are directed against separate orders of ld. Principal Commissioner of Income-tax, Bela, Muzaffarpur [in short ld. “Pr. CIT”] dated 27.03.2017 which are arising out of the assessment orders framed u/s 143(3) of the Income Tax Act, 1961 (in short the “Act”) dated 20.02.2015 & 25.03.2015 respectively by ACIT, Circle-1, Muzaffarpur.

2.

At the outset, ld. Counsel for the assessee submitted that pursuant to the impugned orders u/s 263 of the Act dated 27.03.2017 ld. Assessing Officer (in short ld. “AO”) framed the assessment orders u/s 143(3) of the Act r.w.s. 263 of the Act dated 20.02.2015 & 25.03.2015. Against the additions made in these assessment orders, the assessee preferred appeal before ld. CIT(A). In the meantime Vivad Se Vishwas Scheme, 2020 was announced and the assessee opted under this scheme. Tax payable as per this scheme in the case of the assessee stood paid and Form No.-5 have been issued on 10.03.2021 for AY 2012-13 and on 25.02.2021 for AY 2013- .: 81 & 82/Pat/2017 Assessment Years: 2012-13 & 2013-14 Shailendra Prasad Verma. 14 for the full and final settlement of tax arrears. Thus, ld. Counsel for the assessee requested for withdrawing the instant appeals.

3.

Per contra, ld. D/R did not have any objection to this request of ld. Counsel for the assessee.

4.

We have heard rival contentions and perused the records placed before us. We have gone through the facts narrated by the ld. Counsel for the assessee stated herein above and find that since the assessee has opted under the Vivad Se Vishwas Scheme, 2020 and paid taxes thereon, on the demands raised by the ld. AO in the assessment proceedings carried out subsequent to the passing of the impugned orders, request has been made for withdrawing the appeal. We, therefore, considering the facts of the case and the request made at the behest of the assessee, dismiss this appeal as withdrawn.

5.

In the result, the appeal of the assessee is dismissed as withdrawn. Kolkata, the 6th April, 2022.

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