Deputy Commissioner of Income Tax-1, Kanpur V. Shri Manish Agarwal (HUF), Kanpur

ITA 58/LKW/2019

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 6259 (ITAT-LUCKNOW)
• Duration Of Justice: 2 year(s) 10 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-12-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 29-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: HARISH GIDWANI
• Section: 6; 5(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH “B”, LUCKNOW [Through Virtual Hearing] BEFORE SHRI. A. D. JAIN, VICE PRESIDENT AND SHRI T. S. KAPOOR, ACCOUNTANT MEMBER ITA No.58/LKW/2019 Assessment Year: 2014-15 The Dy. CIT-1 Kanpur v. Shri Manish Agarwal (HUF) 53/07, Nayaganj, Kanpur TAN/PAN:AAHHM2936G (Appellant) (Respondent) Appellant by: Shri Harish Gidwani, D.R. Respondent by: Shri P. K. Kapoor, C.A. Date of hearing: 16 12 2021 Date of pronouncement: 16 12 2021 O R D E R PER A.D. JAIN, V.P.: This is Revenue’s appeal against the order of the ld. CIT(A)-I, Kanpur, dated 18.11.2018 for assessment year 2014-15. 2. The assessee has submitted an application dated 16.10.2021, received in the Registry of this Office on 2.11.2021, vide which it has been submitted that the Principal Commissioner of Income Tax-1, Kanpur has issued certificate in Form No.3 on 9.12.2020 under the Vivad Se Vishwas Scheme. The copy of such Form has also been filed. The assessee has also filed the copy of Form No.5, i.e. the order of the PCIT-1, Kanpur 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 Departmental appeals has been deposited Page 2 of 2 and order for final settlement of tax arrears has been passed by the designated authority, therefore, the appeal filed by the Department may be dismissed as withdrawn. The ld. D. R. has no objection. Accordingly, since Form No. 3 has been generated in the Departmental appeal and order has been passed by the PCIT-1, Kanpur for full and final settlement of tax arrears under section 5(2) read with section 6 of the DTVSVA, 2020, the appeal of the Department is ordered to be dismissed as withdrawn. 3. In the result, the appeal of the Revenue is dismissed. Order pronounced in the open Court on 16/12/2021. Sd/- Sd/- [T. S. KAPOOR] [A. D. JAIN] ACCOUNTANT MEMBER VICE PRESIDENT DATED:16/12/2021 JJ: Copy forwarded to: 1. Appellant 2. Respondent 3. CIT(A) 4. CIT 5. DR By order Assistant Registrar