M/S. LIC Employee Coperative Credit Society Limited, Kanpur V. Assistant Commissioner of Income Tax-1, Kanpur

ITA 484/LKW/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6233 (ITAT-LUCKNOW)
• Duration Of Justice: 3 year(s) 3 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 04-06-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 5(2); 6; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A, LUCKNOW BEFORE SHRI A.D JAIN, VICE PRESIDENT AND SHRI T.S. KAPOOR, ACCOUNTANT MEMBER ITA NO. 482 TO 487/LKW/2018 ASSESSMENT YEARS 2009-10 TO 2014-15 ACIT-1, INCOME TAX OFFICE, CIVIL LINES, KANPUR -208001 VS. M/S LIC EMPLOYEE COOPERATIVE CREDIT SOCIETY LTD., 16/75, CIVIL LINES, KANPUR 208001 PAN AAAAL 2994D (RESPONDENT) (APPELLANT) NONE (APPLICATION FOR WITHDRAWAL OF APPEAL) APPELLANT BY SMT. NAMITA PANDEY, CIT(DR) RESPONDENT BY 08/09/2021 DATE OF HEARING 13/09/2021 DATE OF PRONOUNCEMENT O R D E R PER BENCH : THESE ARE ASSESSEES APPEALS FOR ASSESSMENT YEARS 2009-10 TO 2014-15 AGAINST THE SEPARATE ORDERS OF THE LD. CIT(A)-II, KANPUR DATED 06.03.2018 RESPECTIVELY. 2. AT THE OUTSET, IT WAS NOTICED THAT THE ASSESSEE HAS SUBMITTED APPLICATIONS, RECEIVED BY THE REGISTRY OF THIS OFFICE ON 26.07.2021, VIDE WHICH IT HAS BEEN SUBMITTED THAT THE PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), KANPUR-1 HAS ISSUED CERTIFICATES IN FORM NO.5 ON 13.05.2021 IN ITA NOS. 482 AND 485/LKW/2018 AND ON 11.05.2021 IN ITA NOS.483, 486 AND 487/LKW/2018 UNDER THE VIVAD SE VISHWAS 2 SCHEME. THE ASSESSEE HAS ALSO FILED FORM NO.3 IN ITA NO. 484/LKW/2018 DATED 03.04.2021 ISSUED BY PCIT, KANPUR-1 UNDER THE VIVAD SE VISHWAS SCHEME. THE ASSESSEE HAS ALSO FILED THE COPIES OF FORM NO.5, I.E. THE ORDER OF THE PCIT, KANPUR-1 FOR FULL AND FINAL SETTLEMENT OF TAX ARREARS UNDER SECTION 5(2) READ WITH SECTION 6 OF THE DTVSVA, 2020. IT WAS CONTENDED THAT SINCE THE ASSESSEE HAS OPTED FOR VIVAD SE VISWAS SCHEME AND TAX PAYABLE ON THE ASSESSEE APPEALS HAS BEEN DEPOSITED AND ORDERS FOR FINAL SETTLEMENT OF TAX ARREARS HAVE BEEN PASSED BY THE DESIGNATED AUTHORITY, THEREFORE, THE APPEALS FILED BY THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN. THE ID. D. R. HAS NO OBJECTIONS. ACCORDINGLY, SINCE FORMS NO. 5 HAVE BEEN GENERATED IN THE ASSESSEE APPEALS, THE APPEALS OF THE ASSESSEE ARE ORDERED TO BE DISMISSED AS WITHDRAWN. 3. IN THE RESULT, ALL THE APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. (ORDER PRONOUNCED IN THE OPEN COURT ON 13/09/2021.) SD/- SD/- (A.D. JAIN) (T.S. KAPOOR) VICE PRESIDENT ACCOUNTANT MEMBER AKS DTD. 13/09/2021 COPY OF ORDER FORWARDED TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR