Nisar Ahmad, Varanasi V. ITO, Ward - 3(3), Chandauli

ITA 58/VNS/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 6177 (ITAT-VARANASI)
• Duration Of Justice: 3 year(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-03-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 05-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CIRCUIT BENCH, VARANASI BEFORE SHRI.VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ITA No.58/VNS/2019 Assessment Year: 2010-11 Nisar Ahmed, 1/803 Tatheri Bazar Gola Ghat-Ram Nagar, Varanasi, U.P. PAN-ARCPA3400F v. Income Tax Officer, Ward-3(3), Chandauli (Appellant) (Respondent) Appellant by: None Respondent by: Sh. A.K. Singh, Sr. D.R. Date of hearing: 23.03.2022 Date of pronouncement: 23.03.2022 O R D E R SHRI VIJAY PAL RAO, JUDICIAL MEMBER: This appeal by the assessee is directed against the order dated 5.12.2018 of CIT(A), Varanasi for the assessment year 2010-11. The assessee has filed an application dated 21.02.2022 for withdrawal of the present appeal in view of the settlement of the tax dispute under Vivad Se Vishwas Scheme, 2020. The assessee has also filed a copy of Form Nos. 3 and 5 alongwith the copy of challan for payment of tax due as determined under Form No. 3. 2. The learned DR has raised no objection if the present appeal of the assessee is dismissed as withdrawn. On perusal of Form No. 3, we note that the designated authority has determined the due tax of Rs. 1,53,157/- to be paid on or before 30.4.2021. Thereafter, the assessee paid the said amount of tax vide challan dated 9.4.2021. Thus, it is clear that the assessee has paid the tax demand as determined under Form No. 3 issued by the Designated Authority. Thereafter, Form No. 5 dated 16.11.2021 has been issued by the designated authority ITA No. 58/VNS/2019 Nisar Ahmed 2 whereby the declaration of the assessee to settle the tax dispute for the assessment year 2010-11 is accepted. Accordingly, in the facts and circumstances of the case, the present appeal of the assessee is allowed to be withdrawn and consequentially the same is dismissed being withdrawn pursuant to the settlement of the tax dispute under Vivad Se Vishwas Scheme, 2020. 3. In the result, the appeal of the assessee is dismissed being withdrawn pursuant to the settlement of tax dispute under Vivad Se Vishwas Scheme, 2020. Order pronounced in the open Court after conclusion of hearing on 23.03.2022. The order is reduced in writing as signed on 24.03.2022. Sd/- Sd/- [RAMIT KOCHAR] [VIJAY PAL RAO] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 24/03/2022 Varanasi Sh Copy forwarded to: 1. Appellant- Nisar Ahmed 2. Respondent- Income Tax Officer 3. CIT(A), Varanasi 4. CIT 5. DR By order Assistant Registrar