Krishna Kumar Singh, Varanasi V. ITO, Ward - 3(1), Varanasi

ITA 197/VNS/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 0323 (ITAT-VARANASI)
• Duration Of Justice: 2 year(s) 9 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-07-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 12-09-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CIRCUIT ‘SMC’ BENCH, VARANASI BEFORE SHRI.VIJAY PAL RAO, JUDICIAL MEMBER ITA No.197/VNS/2019 Assessment Year: 2008-09 Sh. Krishna Kumar Singh, Churamanpur, GT Road India Tyre Bhulapur PAC Churamanpur, Varanasi PAN-AGVPS2086F v. Income Tax Officer, Ward-3(1), Varanasi (Appellant) (Respondent) Appellant by: Sh. Praveen Godbole, Advocate Respondent by: Sh. A.K. Singh, Sr. D.R. Date of hearing: 06.07.2022 Date of pronouncement: 06.07.2022 O R D E R SHRI VIJAY PAL RAO, JUDICIAL MEMBER: This appeal by the assessee is directed against the order dated 02.07.2019 of CIT(A) for the assessment year 2008-09. 2. At the time of hearing, the learned AR of the assessee has submitted that the assessee has opted for Vivad Se Vishwas Scheme, 2020 and the Designated Authority has issued Form No. 5 dated 30.11.2021. Accordingly, the assessee is seeking withdrawal of the present appeal. The learned AR has filed copies of Form No. 3, Form No. 4 and Form No. 5 under Vivad Se Vishwas Scheme, 2020. 3. On the other hand, the learned Sr. DR has raised no objection, if the present appeal of the assessee is dismissed being withdrawn. 4. Having considered the submissions of the learned AR as well as learned Sr. DR and careful perusal of the relevant record, it is noted that the assessee has opted for Vivad Se Vishwas Scheme, 2020 to settle the tax dispute for the assessment year under consideration. The Designated Authority issued Form No. 3, dated 30.3.2021 determining the outstanding tax liability as refund of Rs. ITA No.197/VNS/2019 Krishna Kumar Singh 2 74,907/-. Thereafter, the assessee filed Form No. 4 and consequentially the Designated Authority has issued Form No. 5 dated 30.11.2021, whereby accepted the declaration of the assessee towards full and final settlement of tax arrears. Accordingly, the present appeal of the assessee is allowed to be withdrawn and consequentially the same is dismissed being withdrawn. 5. In the result, the appeal of the assessee is dismissed being withdrawn in view of the settlement of the dispute under Vivad Se Vishwas Scheme, 2020. Order pronounced in the open Court after conclusion of hearing on 6.7.2022, in the presence of both the parties. Sd/- [VIJAY PAL RAO] JUDICIAL MEMBER DATED: 6/7/2022 Varanasi Sh Copy forwarded to: 1. Appellant 2. Respondent 3. CIT(A),Varanasi 4. CIT 5. DR By order Sr. P.S.