Income Tax Officer, Ward-2(1), Guwahati V. M/s. DNL Engeneers Private imited, Guwahati

ITA 248/GTY/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 3331 (ITAT-GUWAHATI)
• Duration Of Justice: 3 year(s) 1 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-07-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 06-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL GUWAHATI ‘DB’ BENCH AT KOLKATA [Virtual Court] Before SRI MANISH BORAD, ACCOUNTANT MEMBER & SRI SONJOY SARMA, JUDICIAL MEMBER I.T.A. No.: 248/Gau/2019 Assessment Year: 2011-12 ITO, Ward-2(1), Guwahati........................................Appellant Vs. M/s. DNL Engineers Pvt. Ltd...................................Respondent [PAN: AACCD 4957 A] Appearances by: Sh. N.T. Sherpa, JCIT, appeared on behalf of the Revenue. Sh. Ramesh Goenka, Sr. Adv., appeared on behalf of the Assessee. Date of concluding the hearing : July 25 th , 2022 Date of pronouncing the order : July 26 th , 2022 ORDER Per Manish Borad, Accountant Member: This appeal filed by the Revenue pertaining to the Assessment Year (in short “AY”) 2011-12 is directed against the order passed u/s 250 of the Income Tax Act, 1961 (in short the “Act”) by ld. Commissioner of Income-tax(Appeals), Guwahati-1, Guwahati [in short ld. “CIT(A)”] dated 09.03.2019. 2. The ld. Counsel for the assessee has submitted that the assessee is availing the “Vivad Se Vishwas Scheme” and has filed application in this regard dated 22.07.2022. Tax payable as per I.T.A. No.: 248/Gau/2019 Assessment Year: 2011-12 M/s. DNL Engineers Pvt. Ltd. Page 2 of 3 this scheme in the case of the assessee stood paid and Form No.- 5 has been issued for the full and final settlement of tax arrears. 3. Per contra, ld. D/R did not have any objection to this request of the assessee. 4. We have heard rival contentions and perused the records placed before us. We have gone through the facts narrated by the ld. Counsel for the assessee stated herein above and find that the assessee has opted under the Vivad Se Vishwas Scheme, 2020 and paid taxes thereon and the Revenue has not raised any objection if the instant appeal is dismissed. We, therefore, dismiss this appeal. 5. In the result, the appeal of the Revenue is dismissed. Kolkata, the 26 th July, 2022. Sd/- Sd/- [Sonjoy Sarma] [Manish Borad] Judicial Member Accountant Member Dated: 26.07.2022 Bidhan (P.S.) I.T.A. No.: 248/Gau/2019 Assessment Year: 2011-12 M/s. DNL Engineers Pvt. Ltd. Page 3 of 3 Copy of the order forwarded to: 1. ITO, Ward-2(1), Guwahati. 2. M/s. DNL Engineers Pvt. Ltd., C/o.- Pooja Associates, 2 nd Floor, Pick Me Building, H.B. Road, Kamarpatty, Guwahati- 781 001. 3. CIT(A)- Guwahati-1, Guwahati. 4. CIT- 5. CIT(DR), Guwahati Bench, Guwahati. True copy By order Assistant Registrar ITAT, Kolkata Benches Kolkata