Sachit Hospital Pvt. Ltd., Gorakhpur V. JCIT, TDS, Allahabad

ITA 64/VNS/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 1074 (ITAT-VARANASI)
• Duration Of Justice: 3 year(s) 2 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-05-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 06-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Competent authority; TDS

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VARANASI CIRCUIT BENCH, VARANASI BEFORE HON’BLE SH.VIJAY PAL RAO, JUDICIAL MEMBER AND HON’BLE SH. RAMIT KOCHAR, ACCOUNTANT MEMBER ITA No.64/VNS/2019 Assessment Year: 2010-11 Sachit Hospital Pvt. Ltd., 271C Opposite Bismil Park, Civil Lines, Gorakhpur, U.P. PAN-AAHCS3945G TAN-ALDS02773D v. Joint Commissioner of Income Tax (TDS), Allahabad Range, Allahabad (Appellant) (Respondent) Appellant by: None Respondent by: Sh. A.K. Singh, Sr. DR Date of hearing: 26.05.2022 Date of pronouncement: 26.05.2022 O R D E R SHRI VIJAY PAL RAO, JUDICIAL MEMBER: This appeal by the assessee is directed against the order dated 25.10.2018 of CIT(A) arising from penalty order passed under section 272A(2)(k) of the Income Tax Act, for the assessment year 2010-11. 2. The assessee has filed an application for withdrawal of this appeal alongwith appeals for assessment years 2008-09, 2009-10, 2011-12 and 2012-13 and ITA Nos. 62, 63, 94 and 95/VNS/2019. The learned DR has not denied the fact that the assessee has opted for Vivad Se Vishwas Scheme, 2020 to settle the tax dispute regarding penalty liability in question. The learned DR has filed Form No. 5 issued by the designated authority dated 22 nd March, 2022. 3. Having considered the request of the assessee for withdrawal of the present appeal as well as going through Form No. 5 issued by the designated authority, we note that the assessee has settled the tax dispute in respect of the ITA No.64/VNS/2019 Sachit Hospital Pvt. Ltd. 2 penalty for the year under consideration by filing the declaration towards full and final settlement which was accepted by the competent authority by issuing Form No. 5 dated 22 nd March, 2022. Accordingly, this appeal of the assessee is dismissed as withdrawn in view of the settlement of the dispute under Vivad Se Vishwas Scheme, 2020. 4. In the result, the appeal of the assessee is dismissed being withdrawn as the tax dispute is settled under Vivad Se Vishwas Scheme, 2020. Order pronounced in the open Court on conclusion of hearing on 26.05.2022. Sd/- Sd/- [RAMIT KOCHAR] [VIJAY PAL RAO] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 27/05/2022 Varanasi Sh Copy forwarded to: 1. Appellant- Sachit Hospital Pvt. Ltd., 2. Respondent-JCIT(TDS), Allahabad 3. CIT(A),Varanasi 4. CIT 5. DR By order Sr. P.S. ITA No.64/VNS/2019 Sachit Hospital Pvt. Ltd. 3