INCOME TAX OFFICER, WARD - 03(1), VARANASI vs. SMT. RACHANA ARORA, NEW DELHI

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ITA 133/VNS/2020Status: DisposedITAT Varanasi06 July 2022AY 2012-20132 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee settled the tax dispute under the Vivad Se Vishwas Scheme. Consequently, the Revenue's appeal was allowed to be withdrawn.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2012-13. The assessee opted for the Vivad Se Vishwas Scheme, 2020, and the Competent Authority issued Form No. 5, accepting the declaration.

What were the issues?

Whether the Revenue's appeal should be dismissed as withdrawn due to the assessee's settlement under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 147,Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CIRCUIT BENCH, VARANASI

Before: SHRI.VIJAY PAL RAO & SHRI RAMIT KOCHAR

For Respondent: DR Respondent by:
Hearing: 06.07.2022Pronounced: 06.07.2022

O R D E R PER VIJAY PAL RAO, J.M. This appeal by the Revenue is directed against the order dated 08.09.2020 of CIT(A) for the assessment year 2012-13.

2.

At the time of hearing, learned Sr. DR has submitted that the assessee has opted for Vivad Se Vishwas Scheme, 2020 to settle the tax dispute for the year under consideration and the Competent Authority has issued Form No. 5 under Vivad Se Vishwas Scheme, 2020 on 3.3.2022. The learned Sr. DR has filed a copy of Form No. 5 issued by the Competent Authority. Thus, the learned Sr. DR has submitted that this appeal of the Revenue may be allowed to be withdrawn and consequentially the same may be dismissed as withdrawn.

3.

Having considered the submissions of the learned Sr. DR and carefully gone through the Form No. 5 issued by the Competent Authority dated 3.3.2022, we find that the assessee has opted for Vivad Se Vishwas Scheme, 2020 to settle the tax dispute for the assessment year under consideration. The present appeal

1.

ITA No. 133/VNS/2020 Smt. Archana Arora of the Revenue is the only litigation arising from the assessment under section 147 r.w.s. 144 for the year under consideration, as the learned CIT(A) while passing the impugned order has deleted the entire addition made by the AO.

4.

Accordingly, when the assessee has settled the tax dispute under Vivad Se Vishwas Scheme, 2020 and the Competent Authority has accepted the declaration filed by the assessee by issuing Form No. 5 dated 3.3.2022, the present appeal of the Revenue is allowed to be withdrawn and consequentially dismissed being withdrawn.

5.

In the result, the appeal of the Department is dismissed being withdrawn as the assessee has settled the tax dispute under Vivad Se Vishwas Scheme, 2020. Order pronounced in the open Court after conclusion of hearing on 06.07.2022 in the presence of both the parties.

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