Assistant Commissioner of Income Tax, Circle - Shillong, Shillong V. M/s. North Eastern Electric Power Corporation Ltd., Shillong

ITA 441/GTY/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 1601 (ITAT-GUWAHATI)
• Duration Of Justice: 2 year(s) 6 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-05-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 07-11-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

ITA No. 441/GAU/2019 Assessment Year: 2009-2010 M/s. North Eastern Electric Power Corporation Limited 1 IN THE INCOME TAX APPE LLATE TRIBUNAL, KOLKATA-GUWAHATI ‘e-COU RT’, KO LKATA [Virtual Court Hea ring] Before Sh ri Ra jpal Yadav, Vice- Presid ent & Shri Ma nish Borad , Accounta nt Member I.T .A. No . 4 41 / GAU / 20 1 9 Asses smen t Year: 2 00 9- 20 1 0 Assistant Commissioner of Income Tax,.......................................... Appellant Circle. Shillong, Aayakar Bhawan, M.G. Road, Shillong-793001 -Vs.- M/s. North Eastern Electric Power Corporation Limited,............. Respondent Brookland Compound, Lower New Colony, Shilling-793003, Meghalaya [PAN: AAACN9991J] Appeara nces by: Shri N.T. Sherpa, JCIT, appeared on behalf of the Revenue N o n e, appeared on behalf of the assessee Date of concluding the hearing : May 20, 2022 Date of pronouncing the order : May 20, 2022 O R D E R Per Ra jpal Yadav, Vice- President (KZ ) :- The present appeal is directed at the instance of Revenue against the order of ld. Commissioner of Income Tax (Appeals), Shillong dated 29.08.2019 passed for the assessment year 2009-10. 2. The assessee has filed an application pleading therein that it has resolved the issue in dispute with the Revenue under Vivad Se Viswas Scheme. For buttressing this plea, the assessee has filed a copy of Form No. 3 for resolution of the dispute. Thereafter a Declaration in Form No. 4 ITA No. 441/GAU/2019 Assessment Year: 2009-2010 M/s. North Eastern Electric Power Corporation Limited 2 as well as Form No. 5 are being placed on record. Since the Department has issued Form No. 5, which is the ultimate declaration for the resolution of the dispute with the assessee, therefore, there is no ideal to keep this appeal pending. Accordingly, we dismiss this appeal of the Revenue on the ground that dispute has been resolved under Vivad Se Viswas Scheme. 3. In th e result , the a ppeal f iled by the Revenu e is dismissed. Order pronounced in the open Court on May 20, 2022. Sd/- Sd/- (Manish Borad (Ra jpal Yadav) Accou ntant Member Vice- President) Kolkata, the 20 th day of May, 2022 Copies to : (1) Assistant Commissioner of Income Tax, Circle. Shillong, Aayakar Bhawan, M.G. Road, Shillong-793001 (2) M/s. North Eastern Electric Power Corporation Limited,. Brookland Compound, Lower New Colony, Shilling-793003, Meghalaya (3) Commissioner of Income Tax (Appeals). Shillong (4) Commissioner of Income Tax- , (5) The Departmental Representative (6) Guard File TRUE COPY By order Assistant Registrar, Income Tax Appellate Tribunal, Kolkata Benches, Kolkata Laha/Sr. P.S.