What did the Tribunal hold?

The Tribunal noted that the assessee had opted for the Vivad Se Vishwas scheme and a certificate was issued. The Revenue requested to dismiss the appeals as withdrawn, to which the assessee had no objection.

The Revenue filed appeals against the orders of the CIT(A) for Assessment Years 2012-13 and 2013-14. The assessee had filed an application under the Vivad Se Vishwas Act, 2020, and a certificate was issued.

What were the issues?

Whether the appeals filed by the Revenue should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas scheme.

ACIT vs M/S. Chaitanya Godavari Grameena… | ITAT Visakhapatnam 2022

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI DUVVURU R L REDDY, HON’BLE & SHRI S. BALAKRISHNAN, HONBLE

For Appellant: Shri G.V.N. Hari, Advocate

For Respondent: Shri M.N.Murthy Naika,CIT DR

Hearing: 08/02/2022

Assessee by : Shri G.V.N. Hari, Advocate. Department By : Shri M.N.Murthy Naika,CIT DR Date of hearing : 08/02/2022. Date of pronouncement : 16/02/2022. O R D E R PER S. BALAKRISHNAN, ACCOUNTANT MEMBER:

These appeals are filed by the Revenue against the separate orders of Commissioner of Income Tax (Appeals)-1, Guntur, both dated 31/08/2016 for the Assessment Years 2012-13 & 2013-14. Since facts and issues are common in both the appeals, clubbed and heard together and disposed of by way of this consolidated order.

When these appeals are taken up for hearing, ld.DR has filed a letter by stating that the assessee preferred an application u/sec. 4(2) of Vivad Se Vishwas Act, 2020 and the Principal Commissioner 2 & 472/VIZ/2016 (M/s. Chaitanya Godavari Grammena Bank) was pleased to issue a certificate in Form No.5 on 01/11/2021. It was further submitted that assessee has paid corresponding taxes, and therefore, requested to dismiss the appeals as withdrawn.

Ld.AR has not raised any objection.

We have heard both the sides and gone through the Form No.5 and also gone through the withdrawal petition filed by the Revenue. We find that in this case Form No.5 is issued by the Pr.Commissioner and the ld. DR has submitted that appeals may be dismissed as withdrawn. To this, ld.AR has raised no objection. We, therefore, dismiss the appeals as withdrawn.

In the result, both the appeals filed by the Revenue are dismissed as withdrawn. Order Pronounced in open Court on this 16th day of Feb., 2022. sd/- sd/- (DUVVURU R L REDDY) (S. BALAKRISHNAN) Judicial Member Accountant Member Dated: 16th Feb., 2022. vr/- 3 ITA Nos. 471 & 472/VIZ/2016 (M/s. Chaitanya Godavari Grammena Bank) Copy to:

1. 1. The Assessee – M/s. Chaitanya Godavari Grameena Bank, Raghu Mansion, 4/1, Brodipet, Guntur.

THE ACIT, GUNTUR vs. M/S. CHAITANYA GODAVARI GRAMEENA BANK, GUNTUR

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