Shailendra Prasad Verma, Motihari V. Pr. CIT, Muzaffarpur

ITA 81/PAT/2017

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 5155 (ITAT-PATNA)
• Duration Of Justice: 4 year(s) 11 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-04-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 23-04-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 263; 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PATNA ‘DB’ BENCH AT KOLKATA [Virtual Court] (Before Sri Manish Borad, Accountant Member& Sri Sonjoy Sarma, Judicial Member) I.T.A. Nos.: 81 & 82/Pat/2017 Assessment Years: 2012-13 & 2013-14 Shailendra Prasad Verma.......................................................Appellant [PAN: ABNPV 3209 N] Vs. Pr. CIT, Bela, Muzaffarpur...................................................Respondent Appearances by: Sh. Jai Prakash Agrawal, Adv., appeared on behalf of the Assessee. Sh. Sanjay Mukherjee, CIT, ITAT, appeared on behalf of the Revenue. Date of concluding the hearing : April 5 th , 2022 Date of pronouncing the order : April 6 th , 2022 ORDER Per Bench: Both these appeals filed by the assessee pertaining to the Assessment Years (in short “AY”) 2012-13 & 2013-14 are directed against separate orders of ld. Principal Commissioner of Income-tax, Bela, Muzaffarpur [in short ld. “Pr. CIT”] dated 27.03.2017 which are arising out of the assessment orders framed u/s 143(3) of the Income Tax Act, 1961 (in short the “Act”) dated 20.02.2015 & 25.03.2015 respectively by ACIT, Circle-1, Muzaffarpur. 2. At the outset, ld. Counsel for the assessee submitted that pursuant to the impugned orders u/s 263 of the Act dated 27.03.2017 ld. Assessing Officer (in short ld. “AO”) framed the assessment orders u/s 143(3) of the Act r.w.s. 263 of the Act dated 20.02.2015 & 25.03.2015. Against the additions made in these assessment orders, the assessee preferred appeal before ld. CIT(A). In the meantime Vivad Se Vishwas Scheme, 2020 was announced and the assessee opted under this scheme. Tax payable as per this scheme in the case of the assessee stood paid and Form No.-5 have been issued on 10.03.2021 for AY 2012-13 and on 25.02.2021 for AY 2013- I.T.A. Nos.: 81 & 82/Pat/2017 Assessment Years: 2012-13 & 2013-14 Shailendra Prasad Verma. Page 2 of 3 14 for the full and final settlement of tax arrears. Thus, ld. Counsel for the assessee requested for withdrawing the instant appeals. 3. Per contra, ld. D/R did not have any objection to this request of ld. Counsel for the assessee. 4. We have heard rival contentions and perused the records placed before us. We have gone through the facts narrated by the ld. Counsel for the assessee stated herein above and find that since the assessee has opted under the Vivad Se Vishwas Scheme, 2020 and paid taxes thereon, on the demands raised by the ld. AO in the assessment proceedings carried out subsequent to the passing of the impugned orders, request has been made for withdrawing the appeal. We, therefore, considering the facts of the case and the request made at the behest of the assessee, dismiss this appeal as withdrawn. 5. In the result, the appeal of the assessee is dismissed as withdrawn. Kolkata, the 6 th April, 2022. Sd/- Sd/- [Sonjoy Sarma] [Manish Borad] Judicial Member Accountant Member Dated: 06.04.2022 Bidhan (P.S.) Copy of the order forwarded to: 1. Shailendra Prasad Verma, Prop. M/s. Bharat Krishi Machineries NH- 28, Motihari, Bihar-845 401. 2. Pr. CIT, Bela Kothi, Bela, Muzaffarpur. 3. CIT(A) 4. CIT- 5. CIT(DR), Patna Bench, Patna. True copy By order Assistant Registrar ITAT, Kolkata Benches Kolkata I.T.A. Nos.: 81 & 82/Pat/2017 Assessment Years: 2012-13 & 2013-14 Shailendra Prasad Verma. Page 3 of 3 Date of Dictation 06.04.2022 Date on which the typed order is placed before the dictating Member and other Member 06.04.2022 Date on which the order came back to Sr. P.S. 08.04.2022 Date on which file(s) go(es) to the Bench Clerk 08.04.2022 Date on which file(s) go(es) to the O.S. Date of despatch of the order