RAMESH KUMAR CHAUDHARY HUF,VARANASI vs. PCIT, VARANASI

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ITA 71/VNS/2019Status: DisposedITAT Varanasi21 April 2022AY 2009-20105 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 settled the dispute under the VSVS scheme, rendering the appeal infructuous. The department had no objection to the dismissal of the appeal.

What were the facts?

The assessee filed an appeal against a revisionary order passed by the Pr. Commissioner of Income Tax under Section 263. Subsequently, the assessee settled the dispute with the department through the Vivad se Vishwas (VSVS) scheme.

What were the issues?

Whether the appeal filed against a revisionary order is infructuous when the underlying dispute has been settled under a settlement scheme.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CIRCUIT BENCH, VARANASI

Before: SHRI.VIJAY PAL RAO & SHRI RAMIT KOCHAR

Hearing: 21.04.2022Pronounced: 21.04.2022

O R D E R

PER SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER:

1.

This appeal, filed by assessee, being arising out of revisionary order dated 26.2.2019 passed by learned Pr. Commissioner of Income Tax, Varanasi (hereinafter called "the PCIT"), for assessment year 2009- 10. We have heard both the partiesin Open Court through physical hearing mode.

2.

At the outset, ld. Counsel for the assessee, Shri Ashish Jindal, CA made statement before the Bench that this is an appeal arising out ofrevisionary order dated 26.02.2019 passed by ld. PCIT, Varanasi u/s. 263 of the Income-tax Act,1961. It was stated by ld. Counsel for the assessee before the Bench that the AO passed consequential assessment order u/s. 143(3) r.w.s. 263 of the 1961 Act,in pursuance of direction issued by ld. PCIT , vide revisionary order dated 26.02.2019 u/s. 263 of the Act. It was statedby ld. Counsel for the assessee Mr. Ashish Jindal, CA before the Bench that the assessee has availed VSVS to settle the dispute with the Department against aforesaid consequential assessment order passed by the AO in pursuance to revisionary order passed by ld. Pr. CIT 1 ITA No.71/Vns/2019 Assessment Year: 2009-10 Ramesh Kumar Chaudhary HUF u/s 263 of the 1961 Act, and now even Form-5 vide Acknowledge No.756607301291021 dated 29.10.2021 has been issued by Competent Authority . The Ld. Counsel for the assesseenamely Mr. Ashish Jindal, CA has also produced before the Bench Form-5 along with covering letter (placed on record in file), which are reproduced hereunder:

ITA No.71/Vns/2019 Assessment Year: 2009-10 Ramesh Kumar Chaudhary HUF Assessment Year: 2009-10 Ramesh Kumar Chaudhary HUF

3.

Thus, ld. Counsel for the assessee, Shri Ashish Jindal, CA prayed before the Bench that this appeal which has arisen from the revisionary order passed by ld. Pr. CIT u/s 263 has become infructuous, in view of the aforesaid statements made before the Bench and documents filed before the Bench.

ITA No.71/Vns/2019 Assessment Year: 2009-10 Ramesh Kumar Chaudhary HUF 4. Ld. CIT-DR has no objection if the appeal of the assessee is dismissed as being withdrawn 5. After hearing both the parties and after considering the statements made by the ld. Counsel for the assessee, Shri Ashish Jindal, CA and written submissions filed (as detailed above) and department raising no objection to dismissal of this appeal , we dismiss this appeal as being withdrawn/infructuous. We order accordingly.

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