Nirmala Bai Kochar, Vizianagaram V. The income Tax Officer, Ward-2, Vizianagaram

ITA 448/VIZ/2018

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 4366 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 3 year(s) 7 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-04-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 02-09-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 5(2)

Judgement Text

आयकरअपीलीयअधिकरण, धिशाखापटणम पीठ, धिशाखापटणम IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM श्री द ु व्वूरु आर एल रेड्डी, न्याधयक सदस्य एिं श्री एस बालाकृ ष्णन, लेखा सदस्य के समक्ष BEFORE SHRI DUVVURU RL REDDY, HON’BLE JUDICIAL MEMBER & SHRI S BALAKRISHNAN, HON’BLE ACCOUNTANT MEMBER आयकर अपील सं./I.T.A.No.448/Viz/2018 (ननधधारण वर्ा / Assessment Year : 2014-15) Nirmala Bai Kochar Rowe and Pal Chartered Accountants 4-3-40, Kothagraharam Vizianagaram [PAN : ABDPK2910R] Vs. Income Tax Officer Ward-2 Vizianagaram (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant by : None प्रत्यधथी की ओर से / Respondent by : Shri Karthik Manickam, DR सुनवधई की तधरीख / Date of Hearing : 11.04.2022 घोर्णध की तधरीख/Date of Pronouncement : 19.04.2022 आदेश /O R D E R Per Shri Duvvuru RL Reddy, Judicial Member : This appeal is filed by the assessee against the order of the Commissioner of Income Tax (Appeals) [CIT(A)] -10, Hyderabad in ITA No. 0193/CIT(A)-10/2017-18/CIT(A), Hyd-10/10104/2017-18 dated 26.06.2018 for the Assessment Year (A.Y.) 2014-15. 2. When this appeal is taken up for hearing, it is observed that the Ld.AR has filed a letter stating that the assessee has availed the benefit under Vivad se Vishwas Scheme and remitted the disputed tax arrears 2 I.T.A. No.448/Viz/2018, A.Y.2014-15 Nirmala Bai Kochar, Vizianagaram under the Scheme. The Principal Commissioner of Income Tax (Pr.CIT)-1, Visakhapatnam was pleased to issue a Certificate in Form No.5 under section 5(2) r.w.s.6 of the Direct Tax Vivad Se Vishwas Act, 2020 on 24.11.2021. Form No.5 is a certificate under section 5(2) r.w.s. 6 of the Direct Tax Vivad Se Vishwas Act, 2020, issued by the Pr.CIT towards full and final settlement of tax arrears by the assessee in response to the application made by the assessee under the scheme. Thus, on issue of the certificate in Form No.5, the tax dispute stands settled unless the certificate is withdrawn or cancelled by the Pr.CIT. The assessee submitted that the Certificate in Form No.5 may be considered and the assessee may be permitted to withdraw the appeal. During the appeal hearing, the Ld.DR did not object for dismissal of appeal as withdrawn. However, submitted that appeal may be recalled in case the certificate issued by the Pr.CIT is withdrawn at a future date due to any unforeseen contingencies. 3. We have heard the Ld.DR and gone through the Form No.5 and also the withdrawal petition filed by the assessee under Vivad se Vishwas Scheme. During the appeal hearing, the Ld.DR did not object for disposal of the appeal as requested by the assessee, since, the Pr.CIT had issued Form No.5 determining full and final settlement of tax arrears as per sub 3 I.T.A. No.448/Viz/2018, A.Y.2014-15 Nirmala Bai Kochar, Vizianagaram section (2) of section 5 of Vivad se Vishwas Act. Since, the dispute is settled under the Vivad se Vishwas Scheme, accepted by the department and the assessee has submitted that he may be permitted to withdraw the appeal, we dismiss the appeal as withdrawn. However, in case the certificate issued by the Pr.Commissioner is withdrawn at a future date for any reason, it is open to the assessee to file an appropriate application before the Tribunal. In that event, the order passed by the Tribunal would be recalled in accordance with law. 5. In the result, assessee’s appeal is dismissed as withdrawn. Order pronounced in the open court on 19 th April, 2022. Sd/- Sd/- (एस बालाकृ ष्णन) (द ु व्वूरु आर.एल रेड्डी) (S.BALAKRISHNAN) (DUVVURU RL REDDY) लेखा सदस्य/ACCOUNTANT MEMBER न्याधयक सदस्य/JUDICIAL MEMBER Dated : 19.04.2022 L.Rama, SPS 4 I.T.A. No.448/Viz/2018, A.Y.2014-15 Nirmala Bai Kochar, Vizianagaram आदेश की प्रतितिति अग्रेतिि/Copy of the order forwarded to:- 1. ननधधाऩरती/ The Assessee– Nirmala Bai Kochar, Rowe and Pal Chartered Accountants, 4-3-40, Kothagraharam, Vizianagaram 2. रधजस्व/The Revenue – Income Tax Officer, Ward-2, Vizianagaram 3. प्रधान आयकर आयुक्त / The Pr.Commissioner of Income-tax-1, Visakhapatnam 4. आयकर आयुक्त / The Commissioner of Income Tax (Appeals)-10, Hyderabad 5. नवभधगीय प्रनतनननध, आयकर अपीलीय अनधकरण, नवशधखधपटणम/ DR,ITAT, Visakhapatnam 6.गधर्ा फ़धईल / Guard file आदेशधनुसधर / BY ORDER Sr. Private Secretary ITAT, Visakhapatnam