ITO., Ward-2(2), Hyderabad, Hyderabad V. M/s Gati Limited, Secunderabad

ITA 1695/Hyd/2014

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 8047 (ITAT-HYDERABAD)
• Duration Of Justice: 7 year(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-11-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2009-2010
• Appeal Filed On: 02-11-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: Y V S T SAI
• Keywords: Competent authority

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH ‘B’, HYDERABAD (THROUGH VIDEO CONFERENCING) BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA No.1695/H/2014 Assessment Year: 2009-10 Income Tax Officer, Ward-2(2), Hyderabad v. GATI Limited, 1-7-293, Mahatma Gandhi Road, Secunderabad – 500 003 PAN:AABCG3709Q (Appellant) (Respondent) Department by: Sh. YVST Sai, CIT DR Respondent by: Sh. Y. Ratnakar, AR Date of hearing: 08.11.2021 Date of pronouncement: 22.11.2021 O R D E R VIJAY PAL RAO, JUDICIAL MEMBER This appeal by the Department is directed against the order dated 28.08.2014 of CIT(Appeals), for the assessment year 2009-10. 2. At the time of hearing, the learned counsel for the assessee has stated at Bar that the assessee has opted for Vivad Se Vishwash Scheme-2020 to settle the outstanding tax dispute for the assessment year under consideration and the Designated Authority has issued Form No. 3, copy of the same is filed. He has further submitted that the assessee has also deposited the tax amount as shown in Form No. 3 issued under Vivad Se Vishwash Scheme-2020 to the tune of Rs. 04,08,43,363/-. He has also filed a copy of the Challan dated 30.07.2021 of Axis Bank. The learned AR has submitted that the assessee company has paid the taxes as determined by the Pr. Commissioner under Vivad Se Vishwash Scheme-2020 and therefore, the appeal of the Department may be dismissed as withdrawn. 2 ITA No.1695/H /2014 Assessment Year: 2009-10 2 3. On the other hand, the learned DR has not disputed the fact that the assessee has opted for Vivad Se Vishwash Scheme-2020 to settle its outstanding tax liability and also paid the taxes vide Challan dated 30.07.2021. However, he has submitted that the tax liability determined by the Competent Authority under Vivad Se Vishwash Scheme-2020 and the payment of tax by the assessee are required to be verified by the Assessing Officer. 4. We note that the assessee has opted for Vivad Se Vishwash Scheme-2020 to settle the outstanding tax liability for the year under consideration which is the subject matter of the appeal filed by the Revenue before the Tribunal. The Designated Authority has issued Form No. 3 dated 8.12.2020. The assessee has claimed that the tax liability as determined by the Competent Authority under Vivad Se Vishwash Scheme-2020 has been paid by the assessee vide Challan dated 30 th July, 2021. However, Form no. 5 under Vivad Se Vishwash Scheme-2020 is awaited. Accordingly, in the facts and circumstances of the case, when the assessee has opted for Vivad Se Vishwash Scheme-2020 and claimed to have paid the tax liability the appeal of the Revenue is liable to be dismissed as withdrawn. The Revenue is at liberty to seek the recall of this order if on verification any discrepancy is found regarding the tax liability and payment of tax by the assessee. 5. In the result, appeal of the Revenue is dismissed with liberty to file Misc. Application, if need arises. Order pronounced in the open Court on 22.11.2021. Sd/- Sd/- Sd/- [LAXMI PRASAD SAHU] [VIJAY PAL RAO] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 22//11/2021 Sh 3 ITA No.1695/H /2014 Assessment Year: 2009-10 3 Copy forwarded to: 1 ITO, Ward – 2(2), Room No. 822, B-Block, 8 th Floor, IT Towers, AC Guards, Hyderabad 2 GATI Limited, 1-7-293, Mahatma Gandhi Road, Secunderabad – 500 003 3 CIT(A) – III, Hyderabad. 4 CIT – II, Hyderabad 5 ITAT, DR, Hyderabad. 6 Guard File.