PAWAN KUMAR UPADHYAY,VARNANASI vs. ITO, WARD -3(2), VARANASI

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ITA 111/VNS/2018Status: DisposedITAT Varanasi22 April 2022AY 2012-20132 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 the assessee's settlement under the Vivad Se Vishwas Scheme and the acceptance of the declaration by the designated authority. The appeal was allowed to be withdrawn.

What were the facts?

The assessee filed an appeal against the CIT(A) order for AY 2014-15. The assessee subsequently applied for withdrawal of the appeal. This was due to settlement of the tax dispute under the Vivad Se Vishwas Scheme, 2020.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to settlement under the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CIRCUIT ‘SMC’ BENCH, VARANASI

Before: SHRI.VIJAY PAL RAO

Hearing: 23.03.2022Pronounced: 23.03.2022

SHRI VIJAY PAL RAO, JUDICIAL MEMBER: This appeal by the assessee is directed against the order dated 8.4.2019 of CIT(A), Gorakhpur for the assessment year 2014-15. The assessee has filed an application dated 23.02.2022 for withdrawal of the present appeal in view of the settlement of the tax dispute under Vivad Se Vishwas Scheme, 2020. The assessee has also filed a copy of Form No. 5 issued by the Designated Authority on 16.11.2021 accepting the declaration of the assessee and to settle the tax dispute for the assessment year 2014-15 in ITA No. 111/VNS/2019.

2.

The learned DR has raised no objection if the present appeal of the assessee is dismissed as withdrawn. Accordingly, in view of the fact that the assessee has already opted for Vivad Se Vishwas Scheme, 2020 to settle its tax dispute involved in the present appeal and the competent authority has issued Form No. 5 dated 16.11.2021 accepting the declaration and settlement of dispute under Vivad Se Vishwas Scheme, 2020, the present appeal of the assessee is allowed to be withdrawn and consequently the same is dismissed being withdrawn. Sudhanshu Modi 3. In the result, the appeal of the assessee is dismissed being withdrawn pursuant to the settlement of tax dispute under Vivad Se Vishwas Scheme, 2020. Order pronounced in the open Court after conclusion of hearing on 23.03.2022.

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