Jagdish Housingh Co., Allahabad V. DCIT, Allahabad

ITA 381/ALLD/2014

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 9771 (ITAT-ALLAHABAD)
• Duration Of Justice: 7 year(s) 7 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-01-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 1994-1995
• Appeal Filed On: 04-06-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: PAWAN JAISWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ALLAHABAD BENCH, ALLAHABAD (THROUGH VIRTUAL COURT), BEFORE SHRI.VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI. RAMIT KOCHAR, ACCOUNTANT MEMBER ITA No.381/ALLD/2014 Assessment Year: 1994-95 Jagdish Housing Company, 12/16 Mayo Road, Allahabad, U.P. v. Dy. Commissioner of Income Tax, Circle-1, Allahabad TAN/PAN: AABCJ4676R (Respondent) Appellant by: Mr. Pawan Jaiswal, C.A. Respondent by: Mr. A.K. Singh, Sr. DR Date of hearing: 17.01.2022 Date of pronouncement: 25.01.2022 O R D E R PER SHRI VIJAY PAL RAO, JUDICIAL MEMBER: This appeal by the assessee is directed against the order dated 11.03.2014 of CIT(A) for the Assessment Year 1994-95. 2. At the time of hearing, learned AR of the assessee has submitted that the assessee has opted for Vivad Se Vishwas Scheme while declaration filed on 17.01.2021 and thereafter the designated authority issued Form No. 3 on 27.01.2021. The assessee then paid the tax demand as per the Vivad Se Vishwas Scheme vide Form No. 4 submitted on 23.04.2021. Even after the payment of tax as determined under Vivad Se Vishwas Scheme, the Department has not issued Form No. 5 till date. The learned AR pointed out that the assessee has also written to the Pr. CIT for issuing Form No. 5 under Vivad Se Vishwas Scheme for the assessment year 1994-95 vide letter dated 25.10.2021. He has also filed a copy of challan wherein the amount of tax was deposited. Thus, the learned AR has submitted that ITA No. 381/ALLD/2014 Jagdish Housing Company 2 the appeal of the assessee may be allowed to be withdrawn with the directions to the Department to issue the Form No. 5. 3. On the other hand, the learned Sr. DR has not disputed the fact that the assessee has opted for Vivad Se Vishwas Scheme and also paid the tax vide Form No. 4 dated 23.04.2021. He has pointed out that due to some technical glitches, Form No. 5 could not be issued. 4. We have considered the rival submissions as well as the relevant material on record. We note that the assessee opted for Vivad Se Vishwas Scheme to settle the outstanding tax demand for the assessment year 1994-95 vide declaration in Form Nos. 1 and 2 dated 17.01.2021. A copy of Form Nos. 1 and 2 have been filed by the assessee. Thereafter, the designated authority issued Form No. 3 dated 27.01.2021 determining the tax payable by the assessee under Vivad Se Vishwas Scheme. The assessee thereafter filed Form No. 4 giving the details of payment of the tax amount which is less than the amount determined in Form No. 3. The assessee explained that an amount of Rs. 5000/- was paid as advance Tax and self-assessment Tax vide Income Tax Computation Form dated 30.03.1995 which is to be adjusted against the amount of tax payable as determined in Form No. 3 issued under Vivad Se Vishwas Scheme. The assessee has provided these details and copy of Income Tax Computation Form dated 30.03.1995 while submitting the Form No. 4. Since the assessee has claimed the payment of advance and self-assessment tax total amounting to Rs. 5000/- details and proof of payments is submitted alongwith Form No.4 under Vivad Se Vishwas Scheme therefore, the designated authority has to verify the same for giving the adjustment at the time of issuing Form No. 5. 5. These facts are not denied by the Department therefore, we accept the prayer of the assessee to allow the withdrawal of the present appeal and consequently the appeal of the assessee is dismissed being withdrawn as the assessee has already opted for Vivad Se Vishwas Scheme. In case, the tax dispute is not finally settled in ITA No. 381/ALLD/2014 Jagdish Housing Company 3 Vivad Se Vishwas Scheme, the assessee as well as the Department are at liberty to get this appeal revived. 6. In the result, appeal of the assessee is dismissed as withdrawn on account of opting for Vivad Se Vishwas Scheme. Order pronounced in the open Court on 25.01.2022 through video conferencing at Allahabad. Sd/- Sd/- [RAMIT KOCHAR] [VIJAY PAL RAO] ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 25.01.2022 Allahabad Copy forwarded to: 1. Appellant 2. Respondent 3. CIT(A) 4. CIT 5. DR By order Assistant Registrar