Assistant Commissioner of Income tax, Circle 1(1), Raipur V. Mesers Deepak Ferro Alloys Limited, Raipur

ITA 134/RPR/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 6026 (ITAT-RAIPUR)
• Duration Of Justice: 3 year(s) 1 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-07-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 12-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 147; 6

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH, RAIPUR BEFORE SHRI RAVISH SOOD, JM & SHRI ARUN KHODPIA, AM आयकर अपील सं./IT A No.134/RPR/2019 (निर्धारण वर्ा / Assessment Year :2011-2012) ACIT-1(1), Raipur Vs. M/s Deepak Ferro Alloys Ltd. Ramsagarpara, Rathod Chowk, Raipur PAN No. : AABCD 2740 G (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) राजस्व की ओर से /Revenue by : None निर्ााररती की ओर से /Assessee by : Shri Kishore M. Deshpande, CA सुिवाई की तारीख / Date of Hearing : 18/07/2022 घोषणा की तारीख/Date of Pronouncement : 18/07/2022 आदेश / O R D E R Per Bench: The revenue has filed appeal arising out of the order passed by the ld. CIT(A)-I, Raipur, dated 28.12.2018 for the assessment year 2011- 2012. 2. Though the revenue has filed adjournment application, however, looking to the facts of the case, we reject the application of the revenue and proceed to dispose off the appeal of revenue after considering the arguments of the ld. AR and the relevant documents available on record. 3. At the outset, ld A.R. of the assessee has submitted that the assessee had filed application for full and final settlement of Tax arrears u/s.5(2) read with section 6 of the Direct Tax Vivad Se Vishwas Act, 2020, which was accepted by the Pr. Commissioner of Income Tax-I, Raipur vide his order dated 20.01.2022 and immunity was granted for proceedings for A.Y.2011-2012 in the instant appeal on tax arrears of ITA No.134/RPR/2019 2 Rs.8,07,854/-. It was also submitted by the ld. AR that since the amount of assessed income at Rs.5,11,37,651/- as determined vide order u/s.143(3) read with section 147 of the Act, dated 21.12.2017 passed by the ACIT-1(1), Raipur was accepted by the assessee which inter-alia includes the disputed income of Rs.30,32,941/- on which the tax determined under the Direct Tax Vivad Se Vishwas Act, 2020 at Rs.4,03,932/- has duly been paid, therefore, the appeal of the revenue has become infructuous and the same deserves to be dismissed. Ld. AR also has filed the order of full and final settlement of dispute under the Direct Tax Vivad Se Vishwas Scheme, 2020 in the form of paper book before us. 4. Keeping in view these facts and circumstances of the case, especially the fact that the assessee has duly complied with the necessary requirements under Vivad Se Vishwas Scheme, 2020 and the issue has already been settled under the Vivad Se Vishwas Scheme, 2000, therefore, the appeal filed by the revenue has no legs to stand and accordingly we dismiss the same. 5. In the result, the appeal filed by the revenue is dismissed. Order pronounced in the open court on 18/07/ 2022. Sd/- (RAVISH SOOD) Sd/- (ARUN KHODPIA) न्यधनयक सदस्य / JUDICIAL MEMBER लेखध सदस्य /ACCOUNTANT MEMBER Raipur; नििाांक Dated 18/07/2022 Prakash Kumar Mishra, Sr.P.S.(on tour) ITA No.134/RPR/2019 3 आदेश की प्रनिनलनप अग्रेनर्ि/Copy of the Order forwarded to : आदेशधिुसधर/ BY ORDER, (Assistant Registrar) ITAT Raipur Bench, Raipur 1. अपीलार्थी / The Appellant- 2. प्रत्यर्थी / The Respondent- 3. आयकर आयुक्त(अपील) / The CIT(A), 4. आयकर आयुक्त / CIT 5. नवभागीय प्रनतनिनर्, आयकर अपीलीय अनर्करण, Raipur / DR, ITAT, Raipur 6. गार्ा फाईल / Guard file. सत्यानपत प्रनत //True Copy//