KRISHNA KUMAR SINGH,VARANASI vs. ITO, WARD - 3(1), VARANASI

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ITA 197/VNS/2019Status: DisposedITAT Varanasi06 July 2022AY 2008-20092 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. Consequently, the appeal was allowed to be withdrawn.

What were the facts?

The assessee opted for the Vivad Se Vishwas Scheme, 2020 to settle a tax dispute for assessment year 2008-09. The Designated Authority issued Form No. 5, accepting the declaration for full and final settlement.

What were the issues?

The primary issue was the withdrawal of the appeal due to the assessee's participation in 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: 06.07.2022Pronounced: 06.07.2022

SHRI VIJAY PAL RAO, JUDICIAL MEMBER: This appeal by the assessee is directed against the order dated 02.07.2019 of CIT(A) for the assessment year 2008-09.

2.

At the time of hearing, the learned AR of the assessee has submitted that the assessee has opted for Vivad Se Vishwas Scheme, 2020 and the Designated Authority has issued Form No. 5 dated 30.11.2021. Accordingly, the assessee is seeking withdrawal of the present appeal. The learned AR has filed copies of Form No. 3, Form No. 4 and Form No. 5 under Vivad Se Vishwas Scheme, 2020.

3.

On the other hand, the learned Sr. DR has raised no objection, if the present appeal of the assessee is dismissed being withdrawn.

4.

Having considered the submissions of the learned AR as well as learned Sr. DR and careful perusal of the relevant record, it is noted that the assessee has opted for Vivad Se Vishwas Scheme, 2020 to settle the tax dispute for the assessment year under consideration. The Designated Authority issued Form No. 3, dated 30.3.2021 determining the outstanding tax liability as refund of Rs. 74,907/-. Thereafter, the assessee filed Form No. 4 and consequentially the Designated Authority has issued Form No. 5 dated 30.11.2021, whereby accepted the declaration of the assessee towards full and final settlement of tax arrears. Accordingly, the present appeal of the assessee is allowed to be withdrawn and consequentially the same is dismissed being withdrawn.

5.

In the result, the appeal of the assessee is dismissed being withdrawn in view of the settlement of the dispute under Vivad Se Vishwas Scheme, 2020. Order pronounced in the open Court after conclusion of hearing on 6.7.2022, in the presence of both the parties.

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