Income Tax Officer- 3(1), Kanpur V. Shri Akhil Gupta, HUF, Kanpur

ITA 176/LKW/2020

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 8553 (ITAT-LUCKNOW)
• Duration Of Justice: 1 year(s) 8 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-11-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 03-03-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

I.T.A No.176/LKO/2020 1 ITO vs. M/s.AkhilGupta (AY 2014-15) IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW “SMC” BENCH, LUCKNOW (Virtual Hearing) BEFORE SHRI SANJAY ARORA,ACCOUNTANT MEMBER I.T.A. No. 176/LKW/2020 Assessment Year: 2014-15 Income Tax Officer- 3(1), Kanpur vs. Akhil Gupta HUF, 133/187, M-Block, Kidwai Nagar, Kanpur (PAN: AAJHA 9336G) (Appellant ) (Respondent) Appellant by ShriAjay Kumar,Sr. DR Respondent by Written Application Date of hearing 15/11/2021 Date of pronouncement 15/11/2021 ORDER Per Sanjay Arora, AM: This is an Appeal by the Revenue agitating the Order by the Commissioner of Income Tax (Appeals)-1, Kanpur (‘CIT(A)’ for short) dated 26.11.2018, partly allowing the assessee’s appeal contesting its’ assessment under section 143(3) of the Income Tax Act, 1961 (‘the Act’ hereinafter) for assessment year (AY) 2014- 15 vide order dated 29.12.2016. 2. None appeared for and on behalf of the assessee-respondent when its’ appeal called out for hearing. The learned counsel for the assesse, however,has, vide his application dated 12.10.2021, clarified that the assessee does not intend to prosecute it’s instant appeal, and has opted for settlement of its’ tax dispute with the Department under the Direct Tax Vivadse Vishwas Act, 2020, enclosing alongwitha certificate in Form-3 dated 31.12.2020 issued by the designated I.T.A No.176/LKO/2020 2 ITO vs. M/s.AkhilGupta (AY 2014-15) authority under the said Act, as well as achallan dated 17.4.2021 depositing the sum shown as tax payable under the said Act. 3. It is apparent, therefore, that the assessee does not intend to prosecute its’ appeal before the Tribunal, having opted for the settlement of its’ tax dispute under the DTVsV Act. Even as the Form-5, signifying the conclusion of the proceedings thereunder, has not been enclosed, and is perhaps yet to be issued, the payment of tax payable under the said Act makes it to bea matter of time, rendering the Revenue’s appeal before the Tribunal unmaintainable. So, however, inasmuch as the process, as it appears, is yet to be concluded, it may be clarified that in case for any reason the dispute under reference is not settled under the said Act, the Revenue shall be at liberty to get its’ appeal restored for a decision on merits by the Tribunal. The right of restitution is, inview of the incomplete status, i.e., apparently so, of the proceedings under the law providing for, at the option of the assessee, settlement of the tax dispute outside the regular channel, integral to this order inasmuch as no prejudice could be caused to either side by the action or non- action by this Tribunal. The Revenue’s appeal, therefore, subject to right for restitution, is dismissed as not maintainable. I decide accordingly. 4. In the result, the Revenue’s appeal is dismissed in the above terms. Order pronounced in the open Court on November15, 2021 Sd/- (Sanjay Arora) Accountant Member Dated: 15/11/2021 Aks Copy of the order forwarded to: Copy of order forwarded to: (1) The appellant (2) The respondent (3) Commissioner (4) CIT(A) (5) Departmental Representative (6) Guard File