Deputy Commissioner of Income Tax- 1, Kanpur V. Smt. Yasmeen Siddiqui, Kanpur

ITA 57/LKW/2019

AI Insights

The case involves an appeal by the Deputy Commissioner of Income Tax, Kanpur against Smt. Yasmeen Siddiqui concerning the assessment year 2014-15. The appeal was directed against the order of the CIT(A) which had deleted an addition of Rs.81,72,305 to the assessee's income. The Revenue contended that the addition was based on material evidence found during the assessment. However, during the proceedings, it was revealed that the assessee had opted for the Vivad Se Viswas Scheme, a government initiative aimed at resolving pending tax disputes, and had received a certificate confirming the settlement of the tax arrears. Consequently, the Department withdrew its appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 113269 (ITAT-LUCKNOW)
• Duration Of Justice: 4 year(s) 6 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-08-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 23-08-2023
• Assessment Year: 2014-2015
• Appeal Filed On: 29-01-2019
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

I.T.A. No.57/Lkw/2019 Assessment year:2014-15 1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH ‘B’, LUCKNOW BEFORE SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER I.T.A. No.57/Lkw/2019 Assessment Year: 2014-15 Dy.C.I.T.-1, Kanpur Vs. Smt. Yasmeen Siddiqui, 79, Jajmau, Kanpur. PAN:ACTPS2307M (Appellant) (Respondent) O R D E R PER ANADEE NATH MISSHRA:A.M. (A) Appeal vide I.T.A. No. 57/Lkw/2019 has been filed by the Revenue for assessment year 2014-15 against impugned appellate order dated 22/11/2018 of learned CIT(A). The grounds of appeal are as under: “1. Learned CIT(A), Kanpur has erred in law and on facts in deleting the addition of Rs.77,00,236/- +Rs.4,72,069 =Rs.81,72,305/- without appreciating the fact that addition was based on the material evidence found. 2. Learned CIT(A) erroneous in law and on facts, be vacated and the order dated 31/12/2016 passed under section 143(3) of the IT Act by the Assessing Officer be restored.” (B) During the course of hearing, the learned Counsel for the assessee has submitted an application dated 23/08/2023 requesting the Bench that since the assessee has opted for Vivad Se Viswas Scheme “(VSVS” for short) and designated authority has issued certificate in Form-5 for full and final settlement of tax arrears Appellant by Shri Sanjeev Krishna Sharma Addl. CIT (D.R.) Respondent by Shri Ashish Jaiswal, Advocate I.T.A. No.57/Lkw/2019 Assessment year:2014-15 2 therefore, the appeal filed by the Department may be dismissed as withdrawn. Learned D.R. has no objection. In view of the foregoing, the appeal of the Department is dismissed as withdrawn on account of assessee opting for VSVS. (C) In the result, the appeal of Revenue stands dismissed. (Order pronounced in the open court on 24/08/2023) Sd/. Sd/. (SUDHANSHU SRIVASTAVA) (ANADEE NATH MISSHRA) Judicial Member Accountant Member Dated:24/08/2023 *Singh Copy of the order forwarded to : 1. The Appellant 2. The Respondent. 3. Concerned CIT 4. D.R., I.T.A.T., 5. CIT(A) Assistant Registrar